Master Labor Agreement

September 2022 

Defense Logistics Agency 

and the

American Federation of Government Employees 

Council 169

1 

TABLE OF CONTENTS

PREAMBLE 4 

ARTICLE 1 PARTIES TO THE AGREEMENT & BARGAINING 

UNITS COVERED 5 

ARTICLE 2 GOVERNING LAWS & REGULATIONS 6 

ARTICLE 3 UNION REPRESENTATIVES & OFFICIAL TIME 7 

ARTICLE 4 RIGHTS & RESPONSIBILITIES 11 

ARTICLE 5 PROPOSALS FOR CHANGE DURING THE TERM OF 

THE AGREEMENT 14 

ARTICLE 6 USE OF OFFICIAL FACILITIES & SERVICES 17 

ARTICLE 7 FRAUD, WASTE AND ABUSE 19 

ARTICLE 8 EQUAL EMPLOYMENT OPPORTUNITY 20 

ARTICLE 9 TELEWORK 22 

ARTICLE 10 CAREER DEVELOPMENT & TRAINING 27 

ARTICLE 11 INCENTIVE AWARDS 31 

ARTICLE 12 POSITION CLASSIFICATION 36 

ARTICLE 13 MERIT PROMOTION 38 

ARTICLE 14 EMPLOYEE ASSISTANCE PROGRAM 49 

ARTICLE 15 SAFETY & HEALTH 51 

ARTICLE 16 LACTATION PROGRAM 56 

ARTICLE 17 MEMBERSHIP & PARTICIPATION IN PROFESSIONAL

ASSOCIATIONS 57 

ARTICLE 18 PERFORMANCE EVALUATION 58 

ARTICLE 19 WORKERS’ COMPENSATION 68 
2 

ARTICLE 20 HOURS OF DUTY 70 

ARTICLE 21 OVERTIME ASSIGNMENTS 78 

ARTICLE 22 ADMINISTRATIVE LEAVE 81 

ARTICLE 23 LEAVE WITHOUT PAY 85 

ARTICLE 24 ANNUAL LEAVE 86 

ARTICLE 25 SICK LEAVE 89 

ARTICLE 26 FAMILY & MEDICAL LEAVE ACT (FMLA), FAMILY 

FRIENDLY LEAVE POLICIES & BONE MORROW/ORGAN 

DONATION LEAVE 94 

ARTICLE 27 COURT LEAVE 97 

ARTICLE 28 OFFICIAL TRAVEL 98 

ARTICLE 29 WORKFORCE RESHAPING 101 

ARTICLE 30 EXPEDTIONARY/DEPLOYABLE CIVILIAN 

WORKFORCE, EMERGENCY-ESSENTIAL, 

NON-COMBAT ESSENTIAL, AND 

CAPABILITY-BASED VOLUNTEERS 109 

ARTICLE 31 OFFICE COMMUNICATION TOOLS 112 

ARTICLE 32 WAGE SURVEYS 113 

ARTICLE 33 CONTRACTING OUT & OUTSOURCING 114 

ARTICLE 34 DISCIPLINARY & ADVERSE ACTIONS 116 

ARTICLE 35 DRUG TESTING PROGRAM 120 

ARTICLE 36 GRIEVANCE PROCEDURES 126 

ARTICLE 37 ARBITRATION 132 

ARTICLE 38 LOCAL AGREEMENTS 135 

ARTICLE 39 TOBACCO USE 138 

ARTICLE 40 PERSONNEL RECORDS 139 
3 

ARTICLE 41 PAYROLL ALLOTMENTS FOR WITHHOLDING 

OF DUES 141 

ARTICLE 42 UNION SPONSORED AND MLA TRAINING 144 

ARTICLE 43 ACCESS TO THE AGREEMENT 145 

ARTICLE 44 POLICE OFFICERS, FIREFIGHTERS, CHILD 

DEVELOPMENT CENTERS, AND 

NON-APPROPRIATED FUND (NAF)

POSITIONS 146

ARTICLE 45 EMPLOYER-UNION COOPERATION 147 

ARTICLE 46 PERSONAL AUDIO DEVICES 148 

ARTICLE 47 LABOR MANAGEMENT MEETINGS 149 

ARTICLE 48 ALTERNATIVE DISPUTE RESOLUTION 150 

ARTICLE 49 WELLNESS/FITNESS PROGRAM 153 

ARTICLE 50 DURATION & TERMINATION 156 

APPENDICES
4 

PREAMBLE

This Agreement is made and entered into by and between the Defense Logistics Agency (DLA), 

hereinafter referred to as the “Employer,” and the American Federation of Government Employees 

(AFGE), AFL-CIO, and its agent, AFGE Council 169 of DLA Locals, hereinafter collectively 

referred to as the “Union,” or “Council 169.”. 

The parties agree that the provisions of this Agreement apply to all professional and nonprofessional consolidated units of DLA Employees (BUEs) in the bargaining unit. 

The Employer and Council 169 share the conviction that the public interest can best be served by a 

constructive labor-management relations (LMR) program, which provides for optimum 

participation of Employees (BUEs) through their Union. This can be best achieved through a 

cooperative relationship where the Employer and the Union share timely information regarding 

issues and interests, to the extent practicable. Both parties are committed to the development of a 

program which achieves these objectives. 
5 

ARTICLE 1

PARTIES TO THE AGREEMENT AND BARGAINING UNITS COVERED

SECTION 1.

The Agency, (Defense Logistics Agency), hereby recognizes the American Federation of 

Government Employees Council 169, AFL-CIO (Union), as the exclusive representative of all 

the employees in the bargaining unit as defined in Section 2, below. 

SECTION 2. 

The consolidated bargaining unit and its sole and exclusive representative are defined in FLRA 

Certificate WA-RP-01-0051, dated March 14, 2002, and FLRA certificate CH-RP-08-0008,

dated March 25, 2008, and any subsequent amendments. 

SECTION 3. 

No other organization, association, or Union, or any officer or representative thereof, shall be 

recognized, in any capacity or for any purpose, as the bargaining agent of the consolidated unit. 

When either party designates an agent to act on its behalf in filing charges, complaints, petitions, 

or any other documents any labor management relations matter involving the Agency and 

Council 169 or a local labor organization, each party (Staff Director, DLA Labor and Employee 

Relations Policy and President AFGE Council 169) will notify the other of the name and 

authority delegated to such agent. 

SECTION 4. 

A. Council 169 and the Employer agree that in the event that the AFGE or any local affiliated 

with AFGE seeks recognition in the future as the exclusive bargaining agent of any group of 

DLA appropriated fund or Defense Working Capital Fund Employee (BUEs) which are not 

presently a part of one of the consolidated unit, it will be the joint position of Council 169 and 

the Employer to the Federal Labor Relations Authority that the Employee (BUEs) should 

become a part of the professional or nonprofessional Employee (BUEs) consolidated unit, as 

appropriate. 

B. Employees (BUEs) who are newly organized into the consolidated unit are subject to the terms 

and conditions of this MLA. 

C. The parties agree that the terms and conditions of the Agreement apply only to positions 

within the certified bargaining unit.
6 

ARTICLE 2

GOVERNING LAWS AND REGULATIONS

SECTION 1.

In the administration of this Agreement, the parties and employees are bound by all applicable 

laws, rules, and regulations of appropriate authorities, including DoD and DLA regulations, and 

all government-wide regulations in effect at the time this Agreement is executed. DLA 

regulations include any policy or issuance issued by DLA Headquarters and Major Subordinate 

Command (MSC), such as, directives, instructions, manuals, SOPs and other types of directive 

memoranda, and that have been given an opportunity to be negotiated by Council 169. 

SECTION 2.

The Employer will enforce all provisions of the Civil Service Reform Act of 1978 that it has a 

statutory duty to enforce, but it will not enforce any government-wide rule or regulation enacted 

after the effective date of this Agreement that conflicts with the provisions of this Agreement, 

unless such government-wide rule or regulation is deemed to have the force of law. Future DLA 

personnel rules, regulations, and policies will apply to the parties and bargaining unit employees 

once the Employer’s labor relations obligations, if any, are satisfied. In the event that personnel 

policies, regulations, or rules of the Employer conflict with this Agreement, the terms of this 

Agreement will be controlling. 

SECTION 3.

Prior to implementing changes in conditions of employment having more than a de minimis

impact on bargaining unit employees, the parties recognize the right of the Union to bargain with 

the Employer on all matters that are mandatory subjects of bargaining. The Employer, however, 

must operate within the limits delegated to the Director, DLA, by the Secretary of Defense, and 

comply with and implement non-discretionary directives issued by the Office of the Secretary of 

Defense. This section is not to be construed as a waiver of any bargaining rights guaranteed to 

the Union under 5 U.S.C. Chapter 71. 

SECTION 4.

Nothing in this Agreement will impinge upon, negate, reduce, or detract from the rights and 

privileges that are vested in the Employer by virtue of the provisions of 5 U.S.C. §7106. 

SECTION 5.

Any prior benefits, practices, and/or memoranda of understanding which were in effect on the 

effective date of this Agreement at any level (national, council, and/or local) shall remain in 

effect until the language conflicts with the new Master Labor Agreement or in accordance with 5 

U.S.C. Chapter 71. Such Local Agreements, past practices, and/or memoranda of understanding 

must have been approved by the parties at the national level in accordance with Article 38 of this 

agreement in order to be enforceable. 
7 

ARTICLE 3

UNION REPRESENTATIVES AND OFFICIAL TIME

SECTION 1. COUNCIL OFFICERS

A. The Employer agrees to recognize Council 169’s Executive Board, as specified in the 

Council's Constitution. The official time and travel/per diem provisions of this MLA are 

limited to a maximum of nine Executive Board members who are active DLA employees.

B. Council 169 will keep the Employer informed of the names and addresses of the Council 

Executive Board.

C. The Employer agrees to provide reasonable amounts of official time to Council 169 

Executive Board members who are DLA employees to perform their duties as national 

officers. Such time will be limited to the purposes authorized in this agreement and will be 

requested and approved prior to its use.

SECTION 2. COUNCIL 169 LOCALS

A. The Council 169 Local President will advise the Employer, in writing, of all elected officers 

and appointed or designated representatives and stewards. 

B. The Employer will recognize those locally elected officers and appointed or designated 

representatives and stewards of the Council 169 Local whose name(s) are on the list provided 

by the Council 169 Local President in accordance with paragraph A of this Section. 

SECTION 3. OFFICIAL TIME

A. General

1. "Official time" means time granted by the Employer to a bargaining unit employee 

whose name has been provided in accordance with Section 1 or 2 of this Article as 

being an elected, designated, or appointed officer or representative of the Council 169 

Executive Board or Council 169 Local to perform representational functions defined in 

paragraph 2 below, when the employee would otherwise be in a duty status. Such time 

granted is without charge to leave or loss of pay and is considered hours of work. 

Except as otherwise restricted in this Agreement representational functions performed 

while on official time include travel and per diem.

2. "Representational functions" means the following authorized activities:

a. Negotiations over the impact and/or implementation of changes in conditions 

of employment of bargaining unit employees which occur during the term of 

this Agreement.

b. Participation in formal discussions.
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c. Investigation, preparation, filing and processing grievances in accordance with 

the Negotiated Grievance Procedure.

d. Preparation for and attendance at management-initiated meetings, not 

otherwise described in this Agreement, when invited. 

e. Participation on committees or panels as authorized by this Agreement. 

f. Preparation for and participation in proceedings before the Federal Labor 

Relations Authority (FLRA) in accordance with FLRA's rules and regulations, 

and other third party hearings. 

g. Assisting an employee, when designated as their representative, in preparing a 

response to a proposed disciplinary or adverse action. 

B. Use of Official Time. The Employer and Council 169 share the mutual responsibility of 

ensuring that official time is used only for purposes authorized in this agreement. The 

Employer and Council 169 support the prudent use of official time and will authorize only 

the amount necessary to complete the authorized representational function. 

1. Council Officers. The Council 169 President will be on 100 percent official time. 

Up to nine members of the Council 169 Executive Board who are DLA 

employees will be authorized reasonable official time to perform representational 

functions. Council Officers will normally request release for each incidence of 

official time, using Appendix A. If the Council 169 Executive Board member is 

also a local Union official, the limits on official time established below will apply. 

It is expected that Executive Board members can maintain effective contact with 

Employer Headquarters officials and Council 169 officials through the official 

facilities provided by this Agreement. It is incumbent upon Executive Board 

members to make every effort to resolve matters concerning the implementation 

and application of this Agreement without incurring travel expenses. The 

Employer shall pay per diem and travel for official labor management functions in 

instances aside from those described above where no other alternative exists but 

for a Council 169 Executive Board member to be authorized travel to another 

DLA location. Such travel will be authorized and approved by the HQ DLA 

Human Resources Office. 

2. Local Representatives. Official Time FTE’s will be allocated based upon the 

actual or projected bargaining unit members at the locations listed below at the 

time this agreement is made. The number of FTE’s will be reviewed and adjusted 

annually on the anniversary date of this MLA based on represented population, 

unless a significant change in population necessitates a mid-year review. The 

number of official time FTEs is determined based upon the following schedule: 

Location Official Time FTEs:

• DLA Disposition Services Field 1
9 

• National Capital Region (including all DLA Installation Support 2sites) 

• Battle Creek, Michigan 2 

• Philadelphia 4 

• Richmond 4 

• Columbus 3.5 

• DLA Distribution HQ/DDSP (both DDSP sites) 4

• DDJC 4

• DLA Sites:

• Oklahoma City* 2 

• Ogden* 1 

• Warner Robins* 2 

DLA Locations not listed above: 

• 250-500 1 

• 501-1000 2 

• 1001 or more 4 

Council President Designation** .5 

* Based upon SS&D projections of 265 for Warner Robins, 188 for Ogden and 207 for 

Oklahoma City. 

Revised numbers become effective when Supply, Storage and Distribution functions transfer to 

DLA.

**The Council 169 President will advise the Employer on a semi-annual basis of the location to 

which he/she will assign use of this .5 FTE. It may be allocated as one .5 FTE or two .25 FTE. 

The Union may choose to use the FTEs as 100% official time, 50% official time, or 

combinations thereof. The parties’ intent is that most representational work will be accomplished 

by representatives on block grants of official time. Accounting for all block grants of time will 

be accomplished using Appendix B. Other local officials/stewards will normally request release 

for each incidence of official time, using Appendix A. Requests for official time using Appendix 

A may not be used in a manner that replicates the effect of a block grant of official time. Use of 

Appendix A is not required for very brief uses of official time (5 minutes or less) such as 

responding to an individual e-mail message or answering a phone call. Such use of official time 

without Appendix A is limited to 15 minutes per day. The supervisor will assess workload and 

the reasonableness of the official time request. If the official time is disapproved due to workload 

reasons, the supervisor will indicate when approval can be granted. 

The amounts in the table above may be increased by 50% for each local that elects to forego 

Appendix A official time. Such elections must be made in writing and submitted to the Employer 

within 60 days of the effective date of this agreement. The election is for one year and may be 

changed within 30 days prior to the anniversary date of this MLA. In the event a local elects to 

exercise this option, limited amounts of official time under Appendix A may be authorized for 
10

extenuating circumstances. Such use of Appendix A official time may not exceed 200 hours per 

local per year.

SECTION 4. DUTY REQUIREMENT

In recognition that all DLA employees must be ready to support the warfighter at any time, union 

representatives, including those on 100 percent official time may be required to perform the 

duties of their position of record in unscheduled and unanticipated mission-critical situations. 

Additionally, to ensure mission readiness, all union representatives must complete all required 

training, including training and certifications required for their position of record. Union 

representatives will have one year from the execution of this MLA to obtain or update any 

training and certifications required for their position of record. 

SECTION 5. REPRESENTATION

The word "representative" as used in this Agreement means one representative. However, the 

Employer agrees that in those situations when meetings require the attendance of an employee 

and his/her representative, the Employer will normally and reasonably limit attendance to not 

more than two (2) supervisory/managerial employees. When more than two 

supervisory/managerial personnel are required, the number of Council representatives may be 

increased by one (i.e., three management representatives equal an employee plus two

Council representatives), up to a maximum of three Council representatives in any one situation. 

In the event that advisory staff are needed to deal with a matter of mutual concern (i.e., labor 

relations, safety, health, etc.) both parties may mutually agree not to count these advisors as 

representatives.
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ARTICLE 4

RIGHTS AND RESPONSIBILITIES

SECTION 1. UNION RIGHTS

In addition to those stated in this Agreement, are as stated in Title 5 U.S.C. Chapter 71. 

SECTION 2. MANAGEMENT RIGHTS

In addition to those stated in this Agreement, are as stated in Title 5 U.S.C. Chapter 71. 

SECTION 3. EMPLOYEE RIGHTS

Employees will be treated in accordance with Title 5 U.S.C, Section 2301, Merit Principles. 

Each employee has the right freely and without fear of penalty or reprisal to form, join, or assist 

the Union or to refrain from any such activity. The right to assist the Union extends to 

participation in the management of the Union and to acting for the Union in the capacity of a 

Union representative, including presentation of its views to officials of the Employer, the 

Executive Branch, the Congress, or other appropriate authority. The Employer and the 

Union agree to assure that employees are apprised of their rights under this Section and that no 

interference, restraint, coercion or discrimination is practiced to encourage or discourage 

membership in the Union and its Locals.

SECTION 4. EMPLOYEE RIGHT TO PARTICIPATE

Employees have the right to engage in collective bargaining with respect to conditions of 

employment through representatives of Council 169. 

SECTION 5. EMPLOYEE CONCERNS

Employees have the right and shall be encouraged to bring matters of personal concern regarding 

conditions of employment to the attention of the Union, and to the appropriate Employer or 

Union representative at the lowest level capable of resolving the matter through the procedures 

provided in this Agreement. 

SECTION 6. INVESTIGATIVE INTERVIEWS

A. A representative of the Union shall be given an opportunity to be present at any examination 

of an employee in connection with an investigation if: (1) the employee reasonably believes 

that the examination may result in a disciplinary action against him or herself; and (2) the 

employee requests such representation. The employee may request representation before the 

meeting, or there may be situations where an employee begins a meeting without requesting 

representation, but then decides to request it. In either event, if representation is requested, 

the meeting will not be delayed beyond one business day (Monday through Friday) without 

mutual agreement of the parties.
12

B. Where it is within the control of the Employer, employees shall not suffer public 

embarrassment by the serving of warrants, subpoenas or similar legal documents in public. 

C. When an employee is being physically removed from the workplace, the employer will make 

every reasonable attempt to protect the employee from unnecessary public embarrassment 

while ensuring the safety and security of the workplace.

D. An employee who is interviewed as the subject of a formal investigation conducted by the 

Employer will, upon request, be advised if the investigation is ongoing or closed to the extent 

such disclosure does not violate DoD or other regulations or policies and does not 

compromise an ongoing investigation. 

SECTION 7. RIGHT TO UNION REPRESENTATION

Employees and supervisors will be advised in writing at least twice yearly of employees’ right 

to: 

A. Representation at any formal discussion between one or more representatives of the 

Employer and one or more employees in the unit or their representatives concerning any 

grievance or any personnel policy or practices or any other general conditions of 

employment. 

B. Representation in any examination of the employee by a representative of the Employer in 

connection with an investigation, if the employee reasonably believes that the examination 

may result in disciplinary action against the employee and the employee requests 

representation. The employee may request representation before the meeting, or there may be 

situations where an employee begins a meeting without requesting representation, but then 

decides to request it. If representation is requested, the meeting will not be delayed beyond 

one business day (Monday through Friday) without mutual agreement of the parties.

SECTION 8.

If an employee has a problem or situation which the employee desires to discuss with a Union 

representative during working hours, the employee will advise his or her supervisor and request 

release prior to leaving the worksite. Supervisors will grant reasonable requests for temporary 

absence for this purpose at such times and for such a period of time as the employee can be 

excused without unduly impeding the work of the Employer. If not immediately approved, the 

supervisor will inform the employee of the earliest time that the employee can leave.

SECTION 9.

Employees are entitled to their pay at the proper time and in the proper amount. The Employer 

will make reasonable efforts to assure that employees receive their proper pay at the proper time.
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SECTION 10.

A. The Employer will advise new employees of their right to join or assist the Union freely and 

without fear of penalty or reprisal or to refrain from any such activity; and will inform new 

employees of the names and phone numbers of appropriate Union representatives.

B. The Employer will notify employees in writing of the general requirements for payment of 

Health Benefits premiums during their non-pay status and the effects of cancellation of 

coverage.

SECTION 11.

The private life of an employee is his or her own affair except as it affects the efficiency of the 

service.
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ARTICLE 5

PROPOSALS FOR CHANGE DURING THE TERM OF THE AGREEMENT

SECTION 1. BARGAINING AT THE COUNCIL LEVEL ON MATTERS NOT INCLUDED 

IN THISAGREEMENT

A. This Section addresses Agency-wide changes ordered by DLA Headquarters, with the 

exception of changes that affect the National Capital Region only. Section 2 addresses all 

other changes. 

B. For Council 169 Executive Board-initiated proposed changes to subjects not already covered 

by this MLA, Memoranda of Agreement, or applicable laws, rules and regulations as 

described in Article 2, Section 1, the Employer will respond to Council 169’s proposals 

within 10 work days. 

C. The Employer will not implement or enforce discretionary changes in conditions of 

employment that are mandatory subjects of bargaining until bargaining has been completed, 

including a decision by the Federal Service Impasses Panel or Federal Labor Relations 

Authority, as appropriate. 

D. The Employer agrees to transmit to the President of Council 169, or his/her designated agent, 

notice of any change in any HQ DLA directive or policy issuance relating to personnel 

practices, or matters affecting conditions of employment of bargaining unit employees which 

impact on them, which it proposes to make during the term of this Agreement, on matters not 

specifically covered in this Agreement.

E. Upon receipt of such a proposed change, the President of the Council or his/her designated 

agent may, within 10 work days, demand to bargain concerning the proposed changes. 

F. The Union will submit its proposals within 20 work days of receipt of the proposed change. 

G. Within five (5) work days of receiving Council 169’s proposals, the parties will confer as 

necessary to achieve an agreement. This will be accomplished, primarily, via telephone, 

written communication, and/or virtual communication. During this time period, either party 

may request and extension. If at the end of this time period any proposal remains 

outstanding, then the parties will meet for face-to-face negotiations, which may be conducted 

in person or through VTC, Skype, or a combination. Any videoconference tools/platforms 

used will be accessible by both parties, including Union representatives who are not DLA 

employees. 

1. The Agency can determine the amount of people on their team. The Council 169 

President will determine the total number of members on the Council’s Team.

2. Negotiations shall commence on an agreeable date and be conducted at agreeable hours.

Absent such agreement, negotiations shall commence on the 20th work day following the 
15

date the Employer received the Council’s proposals. The parties will negotiate at DLA 

Headquarters or other no-cost space provided by the Employer, unless mutually agreed 

otherwise.

3. Unless otherwise agreed to, the parties will negotiate as long or as frequently as 

necessary, normally eight (8) hours a day plus a one (1) hour lunch period, Tuesday 

through Friday, exclusive of Federal holidays, until agreement or impasse is reached. In 

the event negotiations last more than two (2) weeks, a one (1)-week break will follow 

every two (2) weeks of negotiations. Holiday, Saturday or Sunday travel will not be 

required for the Council 169 negotiators. 

4. When necessary or agreed to, other scheduled labor-management meetings may be used 

to conduct negotiations. 

H. If a DoD regulation mandates any change in any matters affecting conditions of employment 

on issues not specifically covered by this Agreement, the procedures set forth in paragraphs 

A through G shall apply. 

I. Agreements will be reduced to writing (i.e., MOA, MOU). When an agreement is reached it 

will be typed in final form and executed (signed and dated) by both parties without delay. 

SECTION 2. LOCAL BARGAINING ON MATTERS NOT INCLUDED IN THE 

AGREEMENT

A. This Section applies to those changes proposed by either party that are not covered by 

Section 1. Negotiations regarding such changes are normally conducted with the level where 

the change is occurring, including, but not limited to SOPs, MOAs, MOUs that have been 

approved by the parties at the HQ/Council level as appropriate for negotiation at the local 

level.

B. Negotiations regarding changes in conditions of employment initiated by the Council Locals 

will be limited to five proposed changes per year per Local and to subjects not already 

covered by this MLA or Local Agreements or Memoranda of Agreement negotiated after this 

MLA is implemented.

C. The procedures for this Section must be negotiated in Local Agreements (See Article 38). 

D. Following the procedures contained in Local Agreements, the Employer agrees to transmit 

notice of any change in any directive or policy issuance relating to local personnel practices, 

or matters affecting conditions of employment of bargaining unit employees which impact on 

them, to the affected Council 169 Local President(s) or his/her designated agent(s). 

SECTION 3. BARGAINING ON MATTERS INCLUDED IN THE AGREEMENT

A. If a future law mandates a change to this Agreement, the Employer will promptly notify the 

Council President or his/her designee in writing of the proposed specific change. The Council 

shall, if it desires to negotiate any negotiable aspects of the mandatory subjects of bargaining 

affected by the change, notify the Employer in writing within 10 work days of receipt of the 
16

notification from the Employer. Upon request from the President of the Council to negotiate, 

the parties shall initiate negotiations using the procedures in Section 1 above. Neither the 

Employer nor the Council will be permitted to propose changes unrelated to the mandate of 

the law. However, for purposes of carrying out the intent of this Section, the Employer and 

the Council mutually recognize and agree that their respective proposals be modified during 

the course of the negotiations to permit realistic good faith bargaining of all aspects of the 

negotiable subject matter, including aspects not anticipated when the written proposals were 

exchanged. The parties recognize that this Section may necessitate additional bargaining in 

Local Agreements.

B. The Employer will not implement or enforce any discretionary aspect of such changes that 

are mandatory subjects of bargaining until bargaining has been completed (including a 

decision by the Federal Service Impasses Panel or Federal Labor Relations Authority, as 

appropriate). 

SECTION 4. GENERAL

A. With regard to "face-to-face" negotiations under this Article, the Employer will provide 

official time (for the time the DLA employee would have otherwise been in a duty status) 

and pay travel and per diem for no more than nine DLA Council representatives who are 

DLA employees. 

B. This Article does not preclude the Employer from implementing changes necessary to 

effectively carry out the mission of the Agency during emergencies. In such circumstances, 

the Union may request post-implementation bargaining when the change affected conditions 

of employment. This Article is not to be construed as a waiver of any bargaining rights 

guaranteed the Union under 5 U.S.C. Chapter 71. 

SECTION 5. IMPASSES

In the event of an impasse, either party may request the services of the Federal Mediation and 

Conciliation Service. If after this there are issues still unresolved, either party may petition the 

Federal Service Impasses Panel to settle the issue using the FSIP’s procedures.
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ARTICLE 6

USE OF OFFICIAL FACILITIES AND SERVICES

SECTION 1. USE BY UNION

A. Council 169 shall be provided adequate private office space at the DLA Headquarters, with 

access to DSN and commercial phone service, and a computer with Internet access, when 

officers of the Council are meeting in the Headquarters Complex. The Council 169 President 

shall be provided private office space at his or her duty station with access to DSN and 

commercial phone service, lockable file cabinets, and personal computer with Internet access 

if s/he requests. Network access will not be provided to representatives that are not DLA 

employees. 

B. Up to nine members of the Council 169 Executive Board will be provided work space (with 

access to DSN and commercial phone service, lockable file cabinets, Internet access and 

personal computer) at their DLA location to carry out their representational duties. The 

preference of the parties is that such space be private, when private office space is available. 

Requests for such space will be submitted to DLA Headquarters (J-1) for coordination. No 

network access will be provided to representatives that are not DLA employees.

C. It is understood that the DSN phone system, or in the absence of DSN, FTS, if available, is 

primarily to support military command and control requirements. Therefore, in keeping with 

the system's policies, use of DSN/FTS by Council officials shall be discriminate and for 

legitimate labor management purposes. 

D. Each local shall be provided private office space, access to DSN, or in the absence of DSN, 

FTS, if available, and commercial phone service, lockable file cabinet(s), computer(s) with 

Internet access, furniture, facilities or services as required in accordance with a Local 

Agreements. No network access will be provided to representatives that are not DLA 

employees.

E. For Employer directed moves of union offices, the employer is responsible for accomplishing 

the move in the same manner as moves of other Agency offices, subject to Local 

Agreements.

F. Union representatives shall be granted access to all CFR, FLRA, OPM, MSPB, GAO 

documents, and other public regulations and decisions as may be maintained by the 

Employer in HR offices and law libraries. This provision does not include subscriptions to 

online reference services. Upon request, the Employer will provide copies of specific case 

decisions, regulations or statutes as applicable. No network access will be provided to 

representatives that are not DLA employees.

G. The parties have a mutual interest in leveraging emerging technology to increase 

communication while reducing costs. The Employer will equip Union Offices with such 

technology as budget and equipment availability permit. The Union will maximize the use of 

technology, as appropriate, to reduce costs while increasing communication. 
18

H. Access to DLA facilities, systems and equipment is subject to DLA, DoD and governmentwide internal security rules, regulations and policies. No network access will be provided to 

representatives that are not DLA employees.

SECTION 2. USE BY EMPLOYEES

A. At DLA facilities where child care services are available, the Employer agrees that such 

facilities will be governed by applicable Department of Defense regulations and the Military 

Child Care Act to ensure that a safe and healthful environment is provided. The Employer 

agrees to meet, confer and attempt to resolve specific issues related to child care services 

with local Union officials.

B. The Employer may authorize use of a variety of facilities that may relate to conditions of 

employment. The number and types of such facilities varies greatly depending on location 

and whether the installation is under DLA control. Due to the significant variations, use of 

such facilities is appropriately negotiated in Local Agreements. 
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ARTICLE 7 

FRAUD, WASTE, AND ABUSE

SECTION 1. 

All BUEs should report fraud, waste, and abuse relating to the Employer, Union, and other DoD 

Activities.

SECTION 2. 

Any BUE who suspects a case of fraud, waste, and abuse is encouraged to report the situation 

through the chain of command. 

In addition, reporting agencies and phone numbers are available through various media, 

including bulletin boards, base publications, and internet sites.

The following listed numbers are for information purposes only and were valid at the time this 

article was approved. If these numbers are found to be invalid, the most current contact 

information and applicable forms for the following reporting agencies are available at the DLA 

website (www.dla.mil) and found at the bottom of the page. 

DLA Enterprise Hotline (DLA Office of Inspector General): (800) 411-9127 

DoD Hotline: (800) 424-9098 

General Accounting Office (GAO): (800) 424-5454 

U.S. Office of Special Counsel Hotlines: 

(a) Prohibited Personnel Practices: (800) 872-9855 

(b) Whistleblower Disclosure: (800) 872-9855 

(c) Political Activity (Hatch Act): (800) 854-2824 

U.S. Department of Labor’s Office of Labor-Management Standards: (202) 693-0123 
20

ARTICLE 8

EQUAL EMPLOYMENT OPPORTUNITY

SECTION 1. POLICY 

The Employer and Council 169 agree that discrimination in employment because of race, color, 

religion, sex, national origin, age, or disability as these terms are defined by appropriate law and 

regulation is prohibited. Sexual harassment is also a form of discrimination, and the Employer 

and Council 169 agree that all personnel will work toward its prevention. 

SECTION 2. EQUAL EMPLOYMENT OPPORTUNITY

A. DLA will promote Equal Employment Opportunity in accordance with applicable law, 

government-wide regulation and DLA published EEO guidance. 

B. The Agency will provide employees reasonable access to applicable EEO policies and 

regulations. 

C. The Agency will make available to the Council its annual Office of Equal Employment 

Opportunity and Diversity Program Status Report under EEOC Management Directive 715 

(MD-715 

D. The Agency will provide information on the role and functions of EEO Counselors, and will 

post information in conspicuous places on how to obtain EEO counseling along with 

appropriate telephone numbers. 

SECTION 3. COMPLAINTS

A. Any employee who seeks advice, wishes to file, or has filed an EEO complaint shall be free 

from coercion, interference, dissuasion, or reprisal due to the complaint.

B. Complaints must be initiated within 45 days of the date of the incident or of the date when 

the employee became aware of the incident. Employees seeking assistance will be advised 

concerning the procedures involved in processing an EEO complaint. 

C. An employee is entitled to designate a personal representative, which may include the Union. 

An employee's representative who has been designated in writing in an EEO complaint will 

have the same access to information as the complainant.

D. Pursuant to the Statute, an aggrieved employee who alleges discrimination may at his or her 

option raise the matter under a statutory procedure. The employee shall be deemed to have 

exercised his or her option, when, on or after the effective date of the appealable action, the 

employee timely pursues a formal written EEO complaint or initiates a notice of MSPB 

appeal under the statutory procedures or pursues a written grievance in accordance with the 

negotiated grievance procedure, whichever event occurs first.

E. Persons who allege discrimination or who participate in the investigation and/or presentation 
21

of such complaints will be free from restraint, interference, coercion, discrimination, or 

reprisal.

F. Settlement agreements under EEO may affect conditions of employment for bargaining unit 

employees other than the complainant. In such cases, the language of a proposed settlement 

agreement that affects conditions of employment of bargaining unit employees will be 

provided to the local union president/designee as they may be subject to bargaining. 

SECTION 4. REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH 

DISABILITIES ACT AMENDMENTS ACT OF 2008 AND THE REHABILITATION ACT OF 

1973, AS AMENDED 

 

A. A reasonable accommodation is a modification or adjustment to a job or work environment 

or to the manner or circumstances in which a job is customarily performed that enables a 

qualified individual with a disability to perform the essential functions of their job or to enjoy 

equal benefits and privileges of employment as are enjoyed by employees without 

disabilities.

 

B. Reasonable accommodation is provided to assist an employee to perform the essential 

functions of the job. The employee must be a qualified individual with a disability that is 

able to perform the essential functions of the job, with or without a reasonable 

accommodation. 

C. Employees who wish to request an accommodation must follow the procedures set forth in 

the published guidance or regulations, which can be found on the DLA Issuances website. 

D. Reasonable Accommodations will be documented on the following forms: DLA Form 1887 

(Confirmation of Request for Reasonable Accommodation), DLA Form 1887-1 (Denial of 

Reasonable Accommodation Request), and/or DLA Form 1887-2 (Reasonable 

Accommodation Information Reporting) and provided to the employee. 

SECTION 5. EEO COMMITTEES 

The local Union may have a member on Agency sponsored EEO Advisory and/or Special 

Emphasis Committees, if such committees exist, or are established at an activity. That member 

must be one that is approved by the activity Commander from a list submitted by the local Union. 

If no person on such list is acceptable to the activity Commander, the parties shall meet and confer 

in order to select a person. The local Union's representative may be on official time while 

performing authorized committee functions, subject to the official time provisions in this 

Agreement. 
22

ARTICLE 9

TELEWORK

SECTION 1. OVERVIEW

The purpose of this Article is to provide eligible employees the opportunity to participate in the 

DLA Telework Program. The parties acknowledge consider the nature of the work, the effect on 

organizational culture and mission requirements. The parties also recognize that current Federal 

rules and regulation governing telework benefit both the employee and Employer in mission 

accomplishment and employee work/life balance, such as: 

A. Ensuring effectiveness in continuing operations in the event of a crisis or national emergency 

(e.g., pandemic influenza); 

B. Assisting in the recruitment and retention of high quality employees; 

C. Improving employee morale;

D. Allowing employees to establish a better balance between their work and personal lives;

E. Reducing commuting costs and commuting stress; 

F. Improving job access for employees with disabilities; 

G. Accommodating employee needs for convalescence from short-term injuries or illnesses;

H. Promoting the Defense Logistics Agency as an Employer of choice. 

SECTION 2. TELEWORK PROGRAM REQUIREMENTS 

Telework is a voluntary work arrangement that allows an employee to perform assigned official 

duties from an approved alternate worksite (e.g., employee’s primary home). The alternate 

worksite should be within a recallable distance (est. 2 hour or 100 mile one-way distance) to 

ensure the employee can report to the official worksite within a reasonable period. Management

has the sole and exclusive right to determine where work will be performed including any 

alternate worksite. 

Parties entering a telework agreement recognize that some positions, due to the inherent nature 

of the work, are not generally suitable for regular and recurring telework, such as: 

A. Positions that require employees to have daily face–to-face contact with the supervisor, 

colleagues, clients, or the general public in order to perform his or her job effectively, 

which cannot otherwise be achieved via email, telephone, fax or similar electronic means; 

B. Positions that require direct handling of secure or classified materials on a recurring basis; 

or 

C. Trainee or entry-level positions, until the incumbent reaches an acceptable skill level as 

determined by management. 
23

The parties also recognize that by law some employees are permanently barred from telework: 

1. An employee officially disciplined for being absent without leave for more than 5 

days in any calendar year; and 

2. An employee officially disciplined for violations of the Standards of Ethical Conduct 

for viewing, downloading, or exchanging pornography on a government computer 

while performing official duties. 

The parties recognize that teleworkers must be available to work at the traditional worksite on 

telework days if necessitated by work requirements (e.g. staff meetings, town halls, training, 

etc.), as determined by the supervisor. Supervisors should consider requests to change or swap 

scheduled telework days in a particular week or biweekly pay period consistent with mission 

requirements. Pre-authorization is required for each request. 

SECTION 3. ELIGIBILITY REQUIREMENTS

Employees who wish to telework, must meet the following requirements: 

A. Occupy a telework eligible position; 

B. Work from an alternate worksite within a recallable distance of the official worksite; NOTE: 

Supervisors should not rely solely on the 2-hour/100-mile rule of thumb as the basis for 

determining whether an employee would be “recallable.” Travel conditions vary by 

geographic locations and supervisors are encouraged to confirm travel time prior to 

approving a telework request. 

C. Be performing at least a Fully Successful level (e.g. not on a PIP or rating of record less than 

fully successful); 

D. Not have a disciplinary action in their record during the prior 18 month period (12 months for 

reprimands) from the date they request to telework; 

E. Not be under a letter of leave restriction;

F. Be fully oriented to the organization (generally working for a minimum of 90 days from the 

assignment to the activity or 30 days from the assignment to a different position within the 

activity); 

G. Have an approved telework agreement on file;

H. Complete mandatory DLA Telework Program training; and 

I. Be able to remotely access the DLA network. 
24

SECTION 4. TYPES OF TELEWORK

A. Regular and Recurring Telework. An employee scheduled to work at an approved alternate 

worksite in a regular and recurring pattern (e.g., every Monday). The number of days of 

telework is based upon items such as organizational requirements; workload requirements; 

ability to maintain effective group communications in the workplace and implement new 

work processes; knowledge transfer; unit cohesion; and mission accomplishment. When an 

employee submits a telework request, he/she will meet with the supervisor to discuss these 

specifics. This discussion will assist the supervisor in recommending the number of days per 

week that telework should be authorized. Approving officials have the sole and exclusive 

discretion to determine the number of days per week and to ensure teleworkers can be 

effectively recalled to the duty location, if needed, from the alternate worksite. All alternate 

worksites must be within a recallable distance from the traditional work site. 

B. All employees must be physically present to work at the traditional work site at least 60% of 

days of the approved work schedule. Approving officials will advise teleworkers of the 

number of days per week they are authorized to telework. If the number of approved days 

per week is less than that requested by the employee, the Employer will advise the employee 

of the business/mission reason. 

C. Situational (also referred to as periodic, ad hoc, or intermittent) Telework. An employee preapproved to telework in an unscheduled, project-oriented, or irregular fashion. Situational 

telework requires pre-authorization from designated approving officials for each instance. 

Such situations may occur through the year or be a one-time event. Examples include:

1. To perform projects or tasks that require concentration and uninterrupted blocks of 

time (e.g. web-based or other distance learning, special projects, significant reading 

or writing);

2. Allow work by an employee who is temporarily unable to physically report to the 

traditional worksite; or

3. Unanticipated personal circumstances.

 

D. Unscheduled Telework. A form of situational telework that allows a telework-ready 

employee to perform work when DLA offices are either:

1. Closed during adverse weather conditions or other emergency situations; or 

2. Open but circumstances disrupt commuting or compromise employee safety. 

Employees participating in unscheduled telework must telework throughout the duration of 

the day or event. Please refer to Article 22 (Administrative Leave) for additional 

information regarding unscheduled telework. 
25

SECTION 5. TELEWORK AGREEMENTS

A. The employee must request telework using the appropriate System of Record prior to 

commencement of any form of telework. Written approval or disapproval will normally 

occur within 10 (ten) workdays but no later than 15 workdays. Approved requests result in 

an agreement in place for one year but no more than two years. 

B. Disapproved requests require written justification to the employee of the reason. 

C. Terminated agreements require written justification to the employee of the reason.

Telework agreements are normally reviewed annually and typically renewed unless the 

employee terminates their agreement or no longer meets the eligibility requirements described in 

Section 3. Participants may terminate their agreement at any time by providing a written notice 

in the System of Record. 

The Employer may modify or terminate a telework agreement for any of the following reasons: 

A. Changes to mission requirements;

B. Any negative impact to work operations resulting from telework; or 

C. Changes in organizational or individual performance. 

When practicable, the supervisor or manager will provide written notice prior to termination in 

order to provide adequate time for conversion back to the official duty station. New telework 

agreements may be required upon the assignment of a new supervisor to an organization. The 

new supervisor may use his or her discretion in approving, disapproving, or modifying existing 

telework agreements according to mission requirements. 

SECTION 6. GRIEVANCES

A. If an employee disputes the reason given by a supervisor for not approving him or her for 

telework or for terminating his or her telework Agreement, the employee may submit a 

grievance using the negotiated grievance procedure. 

B. If the Union believes that the Employer is not complying with the negotiated policies or 

applicable laws, rules, or regulations concerning teleworking, the matter may be grieved 

under the negotiated grievance procedure. 

C. Telework determinations regarding location or the number of days an employee may 

telework may be grieved under the negotiated grievance procedure. 

. 

SECTION 7. TELEWORK AND REASONABLE ACCOMODATION

Telework may be used as a Reasonable Accommodation (RA) in certain circumstances. The 

parties must use the interactive process to determine if telework or some other potential 
26

alternative may be an effective accommodation that will enable the employee to perform the 

essential functions of the job. The parties agree telework as a RA must apply procedures from 

any telework policy or related guidance. 

SECTION 8. INITIAL TRANSITION

To assist employees with the initial transition to the telework requirements of the MLA, 

employees will have 90 calendar days from the effective date of the MLA to execute a revised 

telework agreement. If the number of days on an employee’s current agreement is not affected 

by the new MLA telework requirements, employees are not required to submit a new agreement. 
27

ARTICLE 10

CAREER DEVELOPMENT AND TRAINING

SECTION 1. GENERAL

A. The Employer will provide training, education and development opportunities in accordance 

with applicable regulations. The DLA Council and the Employer shall encourage employees 

to take advantage of training and educational opportunities. Such training adds to skills and 

qualifications needed to increase their efficiency in the performance of their duties, meet 

future Agency requirements, and qualify for advancement. 

B. Where non-job-related courses are available only during duty hours at an area institution, the 

Employer will give appropriate consideration to an employee’s request for a special tour of 

duty to permit the employee to take the course. 

C. To the extent practicable, training directed by the Employer will be scheduled within 

employees’ work hours. When it is not possible to do so, the employee’s shift may be 

adjusted to encompass the hours of the training. Overtime pay for training is generally 

prohibited for FLSA Exempt positions, except as specifically addressed in exceptions 

described in 5 C.F.R. § 410. Overtime pay for training or attending lectures, meetings or 

conferences for employees covered by FLSA is described in 5 C.F.R. § 551.423, which 

provides for payment of overtime only when the training is directed (rather than permitted) 

by the Employer and the purpose of the training is to improve the employee’s performance of 

the duties and responsibilities of his/her current position. 

D. The Employer agrees to provide appropriate job-related training to employees without regard 

to disability, race, religion, sex, age, national origin, or Union affiliation or non-affiliation.

SECTION 2. INDIVIDUAL DEVELOPMENT

An Individual Development Plan (IDP) will be reviewed and updated annually and discussed in 

conjunction with performance evaluation discussions. The Employer will assist the supervisor 

and the employee in the development of the IDP, upon request, and will provide access to 

appropriate sources of formal training (e.g., web sites, catalogs). Upon assignment to a new 

position, IDPs should be discussed in conjunction with the development of the new performance 

plan. 

SECTION 3. EXPENSES

A. The Employer will pay approved job-related training and/or formal education expenses. 

Employees who are interested in pursuing courses of training or higher education at their 

own expense are encouraged to do so. Employees may document such training in 

resumes/job applications and will be given appropriate credit for such. 

B. Where employees have been directed to attend training during duty hours, they will be 

carried in a pay status, without charge to leave, while attending classes.
28

SECTION 4. VOLUNTARY PARTICIPATIONS/SELECTIONS

Employees may choose to submit or not submit applications for positions that are considered to 

be developmental or involve a career-ladder promotion. However, once selected into a career 

development program, developmental training assignments will be considered assignments of 

work. 

SECTION 5. ANNUAL SURVEYS

The Employer will conduct an annual review of training requirements. Employees and the Union 

will participate in annual assessment and gap analysis to ensure that organizational, occupational,

and individual needs are addressed in corporate training solutions. 

SECTION 6. TRAINING PROGRAMS 

Employer's training programs may include but are not limited to the following: 

A. Classroom Training 

B. On-the-job Training 

C. Technology-based Training, e.g. computer-based, satellite, e-learning 

D. Coaching and mentoring 

E. Cross-training and rotational assignments 

F. Upward Mobility Programs (including OPM-approved waivers of qualification requirements) 

G. Internship and other career ladder positions 

H. Retirement planning (the parties encourage BUEs to participate in retirement planning training 

early in their careers to facilitate proper retirement planning). 

SECTION 7. CERTIFICATION PROGRAMS REQUIRED AS A CONDITION OF 

EMPLOYMENT

A. DLA will notify bargaining unit employees in writing of their required level of 

certification under the applicable law, DoD and/or DLA policy. Supervisors will 

discuss all certification requirements, to include level of certification required for 

the position, and the date the required certification is expected to beobtained. The 

employee will also sign any Statement(s) of Understanding from the Employer 
29

required by the program, which will be documented in the Electronic Official 

Personnel File (eOPF). 

B. Employees will have to obtain the required level of certification as prescribed in the 

applicable regulations, Employees will be provided sufficient duty time, as determined 

by the Employer, to complete the training needed for certification and any required test. 

The Employer will pay for the cost associated with the test and one retest. The 

Employer will also pay for follow-on required continuing education courses and an 

initial test and one retest if required for periodic recertification.

C. An employee may seek a waiver of the requirement to obtain the required level

of certification within the specified time period provided that the employee

follows the following procedures:

1. Waiver requests must be submitted in accordance with the program 

regulation.

2. The approval of any waiver is at the sole and exclusive discretion of DLA.

3. Approval of waivers will be documented in an employee's eOPF.

D. A waiver will not eliminate the requirement to obtain the required level of

certification, but only serve to extend the period allowed for the employee to obtain the

certification. 

E. Failure to obtain the required level of certification may result in reassignment to a 

vacant position for which the employee is qualified, removal from the federal service, 

or any other appropriate action permitted by law, rule,or regulation.

F. If DLA determines that an employee's current certification level (e.g., I, II, or III) or 

type (e.g., career field or path) of certification should change based on the employee's 

duties, it will notify the employee and provide the employee additional time to obtain 

the new certification if the change in certification level requires new or additional 

educational or training requirements. DLA will also notify the employee if a 

certification is no longer required.

G. DLA will follow the procedures in the DLA-AFGE Council 169 Master Labor 

Agreement for notifying employees and the AFGE Council 169 when making 

any changes to an employee's position description orperformance plan.

H. The Employer will notify AFGE Council 169 of changes to any certification 

program(s). Notification will be in writing.

I. The cycle is being prorated to ensure all Acquisition Workforce members are on a 

common cycle. Since members currently completed CL points depending on when they 

were assigned an Acquisition position, they had two years to complete the 80 hours. 

Nothing changes about the requirement for 80 hours, only the cycle start date moving 

forward. For any newly-appointed employee to a coded position, they will complete a 
30

prorated amount of points depending on when they were assigned. Since employees will 

continue to be assigned at different times of the year the common cycle allows for a 

continued proration for newly assigned employees.

SECTION 8. EMPLOYEE ORIENTATION

A. The Union has the right to be present at formal discussions. New Employee Orientation 

briefings generally constitute formal discussions as they discuss general conditions of 

employment. As such, the Locals will be provided 10 workdays advance notice of the 

orientation sessions consistent with the formal discussion notification requirements in the 

agreement. 

B. At the New Employee Orientation, the Union may provide a (30 minutes or less) presentation 

regarding labor-management relations and the functions of Federal unions. The union will 

not conduct any internal business (e.g. recruiting members). 

C. The Employer will provide Council 169 Local with monthly listings of all newly hired 

bargaining unit employees. This listing will include the organization, name, title, series and 

grade of the employee gained during the previous month. 

SECTION 9. ADVANCE NOTICE

Normally, employees will be given at least two (2) weeks advance notice of training courses that 

require TDY. When scheduling training that will require TDY, the Employer will, upon request, 

take into consideration personal hardship or other job-related training courses a candidate is 

enrolled in that would conflict. 
31

ARTICLE 11

AWARDS AND RECOGNITION

SECTION 1. GENERAL

A. The Employer has the discretion to use a wide variety of awards to recognize its employees 

for performance in support of DLA’s mission and functions. When supervisors recognize 

employee contributions, they communicate the types of activities and accomplishments the 

organization values. Award and recognition programs reward and incentivize high 

performance as well as increase employee morale and commitment to support the 

organization’s mission. 

Awards will be administered on a fair and equitable basis in accordance with DLA 

regulations. The parties recognize that the Employer operates under an enterprise structure 

for awards and recognition. To that extent, the parties further recognize the importance of 

teamwork in supporting the warfighter to reach organizational and Agency goals for 

achievement. The Employer agrees to give due consideration to using Group and Team 

Awards to foster teamwork and promote overall organizational achievement in recognition of 

the efforts of groups, organizations, and teams which have enhanced organizational 

excellence. The Employer has the discretion to use a wide variety of awards to recognize its 

employees for performance in support of DLA’s mission and functions. Nothing in this 

agreement will preclude the Employer’s use of other types of awards (i.e., individual 

awards). Awards will be processed as timely as possible. 

B. DLA has a robust awards program to recognize and honor workforce achievements and 

contributions supporting the warfighter and the DLA mission. Exceptional performance can 

be current or past performance, tangible, intangible or both. 

C. DLA awards are both monetary and honorary. Monetary awards: such as performance-based

awards, time-off awards, or on-the-spot awards recognize significant contributions to the 

agency through inventions, suggestions, or special acts or services. Honorary awards also 

recognize significant contributions to the agency, both current and enduring performance 

from the past. 

D. Consistent with policy and regulation, Union representatives who perform mission work may 

be considered for individual and group awards. Awards for such employees may not be based 

upon the performance of representational functions. 

SECTION 2. INCENTIVE AWARDS COMMITTEES

A. DLA J/D Codes, and Major Subordinate Commands (MSC) may create Incentive Awards 

Committees. Heads of MSCs may also create subcommittees at secondary-level field 

activities. 

B. The decision to grant or not grant an award is at management’s sole and exclusive discretion. 
32

SECTION 3. DEFENSE PERFORMANCE MANAGEMENT AND APPRAISAL 

PROGRAM (DPMAP)

A. DEFINITIONS

1. Award Pool. A set of employees grouped together for the purpose of distributing

performance-based awards.

2. Overall Performance Score. The average score of all individual element performance 

ratings that is used to determine an employee's rating of record.

3. Performance Based Award (PBA). A lump-sum cash payment based on a 

performance rating of record (i.e., annual performance appraisal).

4. Rating of Record. The performance rating level assigned at the end of an appraisal

cycle for performance of Agency-assigned duties over the entire cycle.

5. Share. A unit of monetary recognition awarded to an employee based on 

performance (i.e., rating of record).

6. Share Value. The worth of a share in a particular award pool, defined as the pool's

total funding divided by the number of shares distributed to employees in that pool.

B. PROCEDURES

1. Award Pools- Business Rules for Award Pool Composition are asfollows:

a. Award money will be based on a percentage (provided by DoD) of the total 

DLA salaries. DLA will distribute award pool monies based on a predetermined percentage of the total number of employee's salary in a pool.

b. No award pool will have fewer than ten employees.

c. Each activity (MSC, J-Code, DLA General Counsel, or the group of D Staff 

and other Offices under the purview of the DLA Chief of Staff) will have its 

own award pools. Employees will not be combined into award pools across 

activity lines except in those rare instances that the activity has fewer than ten 

employees covered by DPMAP and eligible for award consideration. For 

example, Distribution will have Distribution-wide awards pools, with all

activities included (e.g., DDSP, DDWG, DDJC, etc.), except in the 

circumstance stated above.

d. Award pools will generally consist of activity employees in a single grade 

range. However, pools may also consist of small grade ranges, rather than a 

single grade. For example, MSC Directors maycombine grade levels in order
33

to meet the ten employee threshold.

e. Generally, General Schedule (GS) and Federal Wage System (FWS) 

employees will be placed in separate award pools within an activity.

2. Share Distribution.

a. In each award pool, shares will be distributed based onthe overall performance 

score of each employee with a Fully Successful or Outstanding rating of 

record.

b. A share-based approach ensures that an activity does not exceed its allocated 

awards budget and safeguards against forced distribution ofratings.

c. The share distribution schedule will be asfollows:

i. Overall Performance Score of 5.0: Seven Shares

ii. Overall Performance Score of 4.3 - 4.9: Five or Six Shares

iii. Overall Performance Score of 3.7 -4.2: Three or Four Shares

iv. Overall Performance Score of 3.0 - 3.6: Zero, One, or Two

Shares

3. Share Ranges

a. Other than when an employee's overall performance score is 5.0 and seven 

shares are granted, the number of shares that may be granted an employee fall 

within theshare ranges prescribed in section 3.B.2.c above.

b. For example, activities may grant either three or four shares to an employee 

whose overall performance score falls within the 3.7 - 4.2 span of scores.

4. Share Value

a. The value of each share within an award pool is not fixed; rather, it is

determined by the total amount of awards funding in the pool divided by the 

total number of shares distributed within the pool. 

b. The more shares that are distributed within the pool, the lower the value of

each individual share; conversely, the fewer shares that are distributed within

the pool, the higher the value of each individual share.

5. Performance Based Award (PBA) Value
34

a. An employee's PBA is calculated by multiplying the number of shares 

granted the employee by the share value of his/her awardpool.

b. For example, if an employee is granted four shares, and the share value of

his/her award pool is $400, the employee's PBA will be $1,600.

6. Quality Step Increases 

a. An employee who has an Outstanding (Level 5) rating of record,

i.e., with an overall performance score of 4.3 or higher, may be 

granted a Quality Step Increase (QSI) rather than shares.

b. No employee with less than an Outstanding (Level 5) rating of

record may be granted a QSI.

c. An employee granted a QSI may not also be granted a PBA or

Time-Off Award for the same rating of record.

7. Time-Off Awards (TOAs)

a. Activities may use TOAs to recognize employee contributions

throughout and at the conclusion of the appraisal cycle as

appropriate.

b. Employees who receive a Fully Successful or Outstanding rating of

record are eligible for a TOA. However, an employee granted a 

QSI may not also be granted a TOA for the same rating of record. 

As mentioned in 7.a above, TOAs may be given throughout the 

year to recognize an employee's contributions.

c. TOAs granted at the end of the appraisal cycle are granted in 

addition to share-based recognition. In other words, for employees 

awarded shares, TOAs may be granted in addition to, not as a 

replacement for PBAs. However, employees with an overall 

performance score of 3.0 to 3.6 who are awarded 0 shares may 

receive a TOA even if no PBA is granted. Such employees are 

eligible for other incentive awards (such as on-the-spot awards) 

throughout the year. 

8. Awards for Union Representatives

Employees who serve asrepresentatives or officials of labor organizations

will be rated solely on the basis of how well they perform the duties and 

responsibilities of their officially assigned positions.
35

9. Annual Report to Council 169 

The Employer agrees to provide Council 169 with one report on an annual 

basis listing bargaining unit employees with the types of awards, name, title, 

series, grade, and dollar amount. 

10. DLA Suggestion Program 

a. The parties agree to promote participation of Employees in the DLA Suggestion 

Program. 

b. Suggestions should be submitted through appropriate supervisory channels to the 

Activity Suggestion Coordinator. The Employer will make suggestion forms available. 

c. The Employee will be advised, in writing, of the adoption or rejection of the suggestion. 

Awards for suggestions will be in accordance with applicable regulations. Upon request, the 

employee will be advised of the status of suggestions that are delayed beyond 60 days. 

d. The parties agree that employee suggestions to improve work processes and working 

conditions provide a valuable and unique source of ideas which can greatly increase the 

efficiency of the service and/or employee morale. 
36

ARTICLE 12

POSITION CLASSIFICATION

SECTION 1. GENERAL

A. Each position covered by this agreement will be classified in accordance with OPM and 

Agency regulations. 

B. The description will clearly and concisely state the major duties, responsibilities, and 

supervisory relationships of the position. Position descriptions do not control work 

assignment. Supervisors may direct and assign specific tasks that are not reflected in the 

job/position description. Should such tasks become major duties or pay controlling, the 

description should be modified to reflect these tasks so that the description will be kept 

current and accurate.

C. Employees will be provided electronic access, via the PD Library, to the position 

description of the position to which assigned. Employees may request from the Human 

Resources Office a copy of their PD in the event they are unable to access the PD 

Library. Copies of bargaining unit position descriptions will be provided to the Union, 

either via electronic access to the PD Library or by request to the Human Resources 

Office.

D. In instances where an employee’s position description is modified requiring a 

reclassification/reevaluation the employee will be furnished a copy of the new position 

description.

SECTION 2. ACCURACY OF POSITION DESCRIPTIONS 

A. An accurate position description is necessary to establish and/or review the classification 

of a position. An employee who feels his or her position description is not accurate will 

meet and discuss the matter with his or her supervisor. If the supervisor and employee 

agree the PD doesn’t accurately describe the work as currently assigned and performed, 

the supervisor will correct the PD and submit to HR for classification. If the supervisor 

and employee disagree and the supervisor believes the PD is accurate, the employee may 

file a grievance to request an audit of his or her position using the administrative 

grievance procedure. Time limits for the grievance will be extended by the amount of 

time taken to complete the audit. 

B. Upon request, the Classification Specialist shall explain all factors used in evaluating a 

position to an employee or Union representative. Upon request, the Employer shall 

provide copies of evaluation statement to the Union, should such statement exist. 
37

SECTION 3. POSITION CLASSIFICATION APPEALS 

 

A. An employee has the right to file a formal classification/job grading appeal to contest the 

assigned classification of his or her position description of record, a classification appeal 

may be filed with DoD or OPM. The employee shall be furnished, upon request, 

information regarding appeal rights and procedures. 

 

B. Employees who file a formal classification or job grading appeal will be provided a copy 

of the appeal package submitted by the agency, to include the classification evaluation 

statement.

SECTION 4. ENVIRONMENTAL DIFFERENTIAL AND HAZARDOUS DUTY PAY 

In certain circumstances when employees are working under hazardous or dangerous conditions 

Environmental Differential Pay for Federal Wage System employees and Hazardous Duty Pay for 

General Schedule employees will be paid in accordance with applicable OPM regulations. 
38

ARTICLE 13

MERIT PROMOTION 

SECTION 1. PURPOSE AND SCOPE

This Article applies to all promotions to Agency positions within the bargaining unit represented 

by Council 169. Merit promotion policy for DLA resides at the Headquarters level and is not 

delegated to the Field Activity level.

SECTION 2. POLICY

A. Merit promotion procedures apply to actions implementing the competitive placement 

(for over 120 days) of employees (including reinstatement and transfer eligibles) to 

positions at grade levels higher than those of their previous positions. They also apply to 

placement into positions that offer promotion to grades that are higher than the specific 

full performance level of any position previously held on a permanent basis. Merit 

promotion procedures do not apply to noncompetitive candidates (i.e., reassignment 

eligibles, change to a lower grade, and repromotion candidates or to applicants under 

delegated examining procedures).

B. Higher-level duties and responsibilities will not be assigned to employees on a continuing 

basis when such assignment is not in accordance with the provisions and intent of this 

Article as such assignments may create the impression of favoritism and pre-selection 

and impair employee confidence in the integrity of the Merit Promotion Program. 

C. Proper promotion actions are essential to ensure that the Employer is being staffed by the 

best persons available and employees are receiving consideration. The Employer agrees 

to take appropriate and timely measures to correct deficiencies discovered.

SECTION 3. DEFINITIONS

A. Area of Consideration. The organization and/or geographical area within which qualified 

candidates will be eligible for consideration for competitive promotion or position 

change.

B. Best Qualified Candidate. A person considered as being highly proficient in the 

requirements of the job as defined by the Agency and can perform effectively in the 

position with a minimum amount of training and/or orientation. 

C. Concurrent Consideration. The simultaneous consideration of Agency and non-Agency 

candidates for competitive promotion. 

D. Promotion Certificate. The certificate containing the names of the best qualified 

candidates eligible to be considered by the selecting official for competitive promotion. 
39

E. Selecting Official. The individual delegated authority by the Employer to make the 

decision regarding the selection for placement into a position. 

F. Subject Matter Expert (SME). A person who has knowledge and experience that has 

provided a familiarity with the duties, qualification requirements, and responsibilities of 

the position. 

G. Underrepresented Position – A position in any occupation or grade level in which the 

organization under the supervision of the selecting official has not reached the acceptable 

established DLA EEO and/or Affirmative Employment Program goals. 

SECTION 4. PROMOTIONS EXCEPTED FROM COMPETITION

The following types of actions may be taken without regard to the competitive procedures 

established in this Article:

A. A promotion resulting from the upgrading of an employee’s position due to the issuance 

of a new classification standard or the correction of an initial classification error.

B. A position change resulting from the application of reduction-in-force procedures when 

the action is technically termed a promotion because pay fixing policy requires the 

employee to receive a higher rate of pay than the employee received in the previous job. 

C. Career promotion of an employee without current competition when at an earlier stage 

the employee was selected from a civil service certificate or under competitive promotion 

procedures for an assignment intended to prepare the employee for the position being 

filled.

D. A career ladder promotion following noncompetitive conversion of a student career 

experience program employee 

E. A position change from a position having known potential to a position having no higher 

potential.

F. A temporary promotion of 120 days or less. 

G. Conversion from temporary to permanent promotion provided the temporary promotion 

was affected under competitive procedures and the fact that it might lead to permanent 

promotion was made known to all potential candidates. 

H. Repromotion to a grade which is no higher than the highest grade previously held on a 

permanent basis or to a position which offers a noncompetitive promotion to a position 

that is no higher than the specific full performance level of any position previously held 

on a permanent basis. This provision does not apply to an employee previously demoted 

for cause.
40

I. Promotion after failure to receive proper consideration in a competitive promotion action. 

J. Promotion directed by the Field Activity Head or higher authority to effect the corrective 

action on an equal employment opportunity complaint, appeal, or grievance decision, or 

to correct a violation of regulation or law. 

K. While accretion of duties promotions may be proper and necessary under certain 

circumstances, it is very important to ensure, to the greatest extent possible, that they are 

executed infrequently and, if so, are consistent. A noncompetitive promotion is 

authorized when the employee’s position is reconstituted because of either a planned 

management action or an unplanned accretion of additional duties and responsibilities, 

provided: 

1. The employee will continue to perform the new duties as well as those of the 

current position; 

2. The addition of new duties and responsibilities does not impact the grade of 

any other encumbered position; 

3. The employee meets all the requirements for promotion to the position; 

4. The position to which the employee is promoted is not a career ladder 

position; and 

5. The duties and responsibilities that support the higher-level position will 

continue beyond one (1) year. 

6. Successive accretion of duties promotions are not ordinarily permitted. The 

Local will be advised in writing of such promotions. 

7. When an employee is promoted by accretion of duties, immediate 

reassignment to another position, especially to another career field, is, 

generally, inappropriate. 

SECTION 5. RESPONSIBILITIES

A. The Employer will:

1. Administer the Merit Promotion Program and ensure adequate advice and 

assistance is provided to supervisors and employees to enable them to 

discharge their responsibilities in connection with the program. 

2. Appraise candidates for competitive promotion opportunities as objectively as 

possible and consistent with the facts as evidenced in actual performance.

3. Provide an easily accessible method for employees to obtain the status of their 

applications, preferably via the Internet or Intranet.

4. Provide advice, upon request, to employees with respect to completing 

applications and the regulatory aspects of the promotion program. 

5. Upon request for a specific vacancy, provide the Union with the promotion 

referral list (minus applications), subsequent supplemental list(s), and/or the

names of selectees for bargaining unit positions once the release/reporting date 

is established. If a decision is made to remove a BUE from a promotion 

certificate, the Union and BUE(s) affected will be advised and rationale 
41

provided prior to the change. Continued receipt of the list is contingent upon 

the Union’s adherence to confidentiality requirements. 

6. Upon request from the Union/BUE, the Employer will provide a breakout of the 

BUE’s rating information and competencies credited.

7. Select candidates who it believes are the best qualified without regard to 

favoritism or other non-merit factors.

8. Make selection decisions within a reasonable time after receipt of a promotion 

certificate.

9. Release the employees selected under this program normally not later than the 

beginning of the second pay period following the request for release. The 

requirement to release employees also applies to reassignment candidates who 

apply in response to merit promotion announcements and are selected. 

10. Document reasons for non-selection of employees eligible for repromotion 

priority who have been certified on a promotion certificate. 

B. The Council 169 Local will bring matters of concern regarding the Merit Promotion 

Program to the attention of the appropriate DLA Human Resources Services (DHRS) 

Office as early as possible in an effort to reach informal resolution of those matters. 

C. Employees will:

1. Ensure that applications are completed properly, accurately, and in the detail 

required to permit a valid evaluation of their qualifications.

2. Cooperate in the resolution of questions concerning their qualifications and 

eligibility for a specific job vacancy or job category by providing pertinent 

information as may be requested or required. 

3. Respond to the requirements of Job Opportunity Announcements (JOAs). 

4. Be responsible for monitoring vacancies for which they want to be considered. 

SECTION 6. AREA OF CONSIDERATION

The area of consideration for positions to be filled through competitive promotion procedures 

must be broad enough to obtain a sufficient number of best qualified candidates, inclusive of 

underrepresented groups, from which to select and to provide adequate promotion opportunities 

for employees. The Agency has the sole and exclusive right to determine the area of 

consideration. The minimum area of consideration will be determined in accordance with the 

applicable DLA Instruction governing Merit Promotion, and the union will be consulted prior to 

the expansion of the area of consideration. 

SECTION 7. PRIORITY CONSIDERATION

Priority consideration will be given to those qualified candidates who have entitlement to priority 

consideration under other regulatory requirements. These include employees affected by 

reduction-in-force or transfer of function in accordance with their eligibility and/or rights under 

the DoD Priority Placement Program, registrants in the Office of Personnel Management (OPM) 

Interagency Career Transition Assistance Program (ICTAP), employees receiving priority 
42

consideration under EEO procedures, employees denied proper consideration because of an error 

or program violation, employees transferred or detailed to international organizations, 

individuals in the military service who have reemployment rights, DoD overseas returnees, and 

recovered annuitants and injury compensationers. 

SECTION 8. JOB OPPORTUNITY ANNOUNCEMENTS

A. Positions to be filled through the competitive promotion process will be publicized via a job 

opportunity announcement (JOA). JOAs will be printed or posted electronically via the 

Internet and on official bulletin boards in locations where employees do not have Internet 

access at their desks or available for use in common areas. 

B. The Employer agrees to provide instructions to Council 169 on setting up a USA Jobs 

account to automatically receive DLA job announcements.

C. JOAs shall include the following information: 

1. The JOA number; 

2. The position title(s), occupational series, and grade(s); 

3. Opening and closing dates; 

4. A brief summary of the duties of the position(s) 

5. Area of consideration;

6. Qualification requirements, including a description of any modification of 

established qualification requirements;

7. Selective placement factors, if any;

8. Specific criteria upon which evaluation of applicants will be based; 

9. A statement that the position(s) covered has/have known promotion potential 

which can result in subsequent career promotion(s), if applicable; 

10. Any test(s) required; 

11. Any unusual conditions of employment that might be advisable to publicize, 

such as tour of duty, temporary duty (TDY) travel, driver’s license, financial 

statement filing requirement, security requirement, etc.

12. A statement whether applications will be accepted from Veterans’ 

Recruitment Appointment eligible and 30 percent or more disabled veterans. 

A statement concerning receipt of applications from Veterans Employment 

Opportunities Act (VEOA) candidates will be placed on announcements when 

DLA merit promotion announcements are open to applicants outside DoD. 

VEOA candidates determined to be among the best qualified will be referred; 

13. The statement: “The Defense Logistics Agency is an equal opportunity 

Employer”; 

14. A statement that basic eligibility requirements, such as time-in-grade, 

minimum qualifications, and other regulatory requirements, must be met by 

the JOA closing date (or the closing/cut-off date of the register, if one is 

used); 

15. Length of the temporary promotion or detail (if applicable);

16. How and where to apply, including any special forms required; 
43

17. A statement concerning payment or nonpayment of permanent change of 

station;

18. A statement concerning whether the position is a drug testing designated 

position; 

19. A statement concerning whether the position is subject to mobility or rotation; 

20. Bargaining unit status; and 

21. Position sensitivity (and information explaining the security clearance 

process, if applicable). 

D. JOAs will be posted in appropriate places, such as electronic bulletin boards, electronic mail 

systems, or official bulletin boards developed for that purpose, during the time limit for 

accepting applications. Announcements issued for specific vacancies will remain open for a 

minimum of seven (7) calendar days, except for those where an automated system is not 

used. In such cases, the minimum open period is 10 calendar days. Management, however, 

after consulting with Human Resources, has the sole and exclusive discretion to reduce an 

announcement open period to three (3) calendar days, based on the historical number of 

applications received. 

E. An announcement issued for a specific vacancy or vacancies may also be used to fill any 

number of additional vacancies within six (6) months after the closing date of the 

announcement at that activity, provided the JOA contains a statement that the JOA will be 

used for the additional time frame.

F. JOAs for positions for which there is an anticipated frequent, repetitive, or continuous need 

may either be announced on an open continuous basis, or may be announced for a limited 

period and used to establish a register of best qualified candidates to be referred as 

appropriate vacancies arise.

1. For JOAs announced on an open continuous basis, interested applicants within 

the area of consideration may apply at any time prior to the cancellation of the 

JOA. Each time a vacancy occurs which will be filled from the JOA, all 

eligible candidates who have applied up to the date of the Request for 

Personnel Action is received for recruitment will be considered. Applicants 

will be removed from such registers upon acceptance of an offer of placement 

from a certificate of eligibles issued under the announcement.

2. For JOAs that will be open for a limited period and used to establish 

continuing promotion registers, applicants may apply only during the limited 

period indicated. Eligible candidates will be placed in rank order on a register 

that will be used to fill similar vacancies as they occur for a specified period 

of time after the closing date of the JOA. Generally, a promotion register may 

be used for a period of up to one (1) year provided the JOA is reopened after 

six (6) months to allow for the submission of applications from other 

interested employees and the updating of applications by employees who have 

applied previously. If the JOA is not reopened, then certificates may be 

issued for no more than six (6) months after the closing date of the 

announcement. Applicants will be removed from such registers upon 
44

acceptance of an offer of placement from a certificate of eligibles issued under 

the announcement. 

G. To be accepted, application must be received by the closing date of the announcement. 

H. Amendments, extensions, or other changes to JOAs will be noted in the amended JOA posted 

to the automatic staffing system.

I. Notification of cancelled JOAs will be sent to all applicants via the automated staffing 

system.

SECTION 9. EVALUATION OF CANDIDATES FOR COMPETITIVE PROMOTION

A. Competencies to be used for evaluation purposes must be derived from the official position 

description for the position being filled. 

B. Candidates who have a current annual performance rating of less than Fully Successful will 

not be certified for promotion consideration and will be notified that they are ineligible for 

further consideration. 

C. Applicants for promotion will be evaluated based upon related competencies, education, and 

awards. The relative importance and weighting of competencies, education, and awards will 

be determined by the job analysis prior to issuance of the JOA. 

D. Applicants will be evaluated using a 100-point scale. 

E. Applicants will be advised, via their USA Jobs account, of the status for which the automated 

system has awarded credit. In the event the Employer overrides the automated system 

determination, the employee will be notified of the change and the reason. 

F. Where practicable, BUEs who do not have Internet access at their desk/workspace will be 

permitted to use available Employer computers and/or kiosks to prepare and submit 

automated job applications during non-duty hours.

SECTION 10. REFERRAL OF CANDIDATES FOR SELECTION 

A. A list of the best qualified promotion candidates will be referred to the selecting official for 

consideration. The best qualified will be determined by the Employer based on a natural 

break in the scores of the promotion candidates. Those with scores as high or higher as the 

score determined by the natural break will be referred to the hiring manager. If no natural 

break occurs, then the score of the 10th competitive promotion candidate will serve as the cutoff for referral. Candidates with scores as high as or higher than the 10th competitive 

promotion candidate will be referred as best qualified to the selecting official for 

consideration. One (1) additional candidate will be referred for each additional vacancy. 
45

B. When a promotion certificate contains at least three (3) best qualified promotion candidates, 

the selecting official may not reject the certificate as inadequate solely on the basis that it 

contains an insufficient number of eligibles. 

C. If the promotion certificate contains less than three (3) best qualified promotion candidates, 

or if the declinations reduce the number to less than three (3), then the selecting official may 

request that recruitment efforts be renewed or he/she may proceed with the selection process. 

If recruitment is renewed, then previous applicants need not reapply to receive 

reconsideration. 

D. In cases where the position was announced at more than one (1) grade level, the selecting 

official will be provided a list for each grade level. 

SECTION 11. CANDIDATE INTERVIEWS

A. The parties agree that interviews can be one of the tools used by selecting officials as part of 

the selection process. The parties recognize that interviews may be used as a means to 

validate competencies as described in the candidates’ resumes.

B. When a list contains 12 or less best qualified promotion candidates referred to the hiring 

manager, all candidates will be interviewed. When more than 12 are referred, management 

will interview at least 12 candidates, but may interview more. The selecting official may 

choose not to interview candidates he/she has interviewed for the same position in the 

preceding six (6) months. 

C. Interviews will be conducted in essentially the same manner with regards to questions asked 

and the information being sought so that all candidates are given an equitable opportunity to 

present themselves and their qualifications. 

D. The Employer has the sole and exclusive right to determine whether or not to use interview 

panels. If panels are used they must use the same questions for all applicants and the panel 

members must be an odd number (i.e., a minimum of three (3) panel members). This 

determination cannot be negotiated in Local Agreements. Use of such panels will be 

disclosed to the candidates at the time the interviews are scheduled.

E. Employees will be released from duty, contingent on supervisor approval, for interviews. 

Subject to mission requirement and supervisor approval, employees may request a temporary 

shift change (e.g., night shift to day shift) on a scheduled interview day.

F. BUEs, on rare occasions, may be asked to serve on an interview panel as a subject matter 

expert. They will be advised by the interview panel chair of the confidentiality of the 

interview process, any discussions taking place during that process, and the identity of the 

interviewee(s).
46

SECTION 12. SELECTION 

Selecting officials may select any of the candidates referred on the promotion certificates, or any 

candidate eligible for noncompetitive consideration, or from any other appropriate source. Upon 

request, candidates not selected or interviewed will be provided feedback from the selecting 

official. The feedback will be provided verbally or in writing and should be focused on ways in 

which the employee may better position himself/herself for future promotion opportunities. 

SECTION 13. AVAILABILITY OF INFORMATION

Information on the status of an employee’s application is available using the USA Jobs website. 

Available information in USA Jobs includes: 

• Application history, including jobs for which the applicant has applied 

• Reason(s) for non-referral 

• Any selection/non-selection information provided by the selecting official 

Employees may request numerical score information, if available, from DLA Human Resources. 

SECTION 14. RECORDS

Promotion actions will be documented, and records maintained in accordance with requirements 

established by OPM. The Council 169 Local representative shall have the right to review 

pertinent promotion records, upon request and with written authorization from the employee(s), 

subject to the limitations of the Privacy Act of 1974 (5 U.S.C. § 552a). 

SECTION 15. GRIEVANCE PROCEDURES FOR MERIT PROMOTION

A. Expedited Grievance Procedure

1. The Employer and Council 169 share an interest in fair consideration of applicants for 

promotion. This expedited grievance procedure provides a means for rapid review of BUE 

or Union grievances regarding qualifications or rating decisions. This procedure may be 

used by a BUE or by the Union prior to the announcement of a selection. 

2. In the event a grievance is filed using this procedure, the Employer will stay the selection 

process for five (5) workdays, or until the grievance decision is rendered, whichever occurs 

first. If multiple grievances are filed, the Employer will suspend the selection process for 

five (5) workdays from receipt of the first grievance. 

3. Matters excluded:

a. Grievances not involving merit promotion (see the negotiated grievance Article). 
47

b. Merit promotion grievances filed subsequent to official announcement of selection(s). 

4. Procedure: The Union/BUE may request specific information regarding the 

qualifications/rating determination to determine whether a grievance exists. The Employer 

agrees to provide such information in an expeditious manner in order to avoid any delay in 

processing a grievance. The written grievance must be initiated within five (5) workdays 

after receipt of the requested information by the Union/BUE. The Customer Account 

Manager (CAM) will meet telephonically or in person with the Union/BUE to discuss the 

complaint within three (3) work days from receipt of the complaint. The CAM will provide 

a written decision within two (2) workdays of the meeting. Rationale for grievance 

decisions will be provided commensurate with the issues framed in the grievance. 

5. A grievance not resolved by this procedure may be advanced to the second step of the 

negotiated grievance procedure for Merit Promotion (section B below). 

B. Negotiated Grievance Procedure for Merit Promotion 

1. Mere non-selection for promotion cannot serve as the basis for a grievance. However, 

other procedural matters relating to merit promotion and under the cognizance of the 

DHRS Office (e.g. qualification determinations, rating for the position) may be addressed 

by using the following procedure after selection(s) have been announced: 

a. Step 1: A written grievance will be provided to the appropriate Customer Account 

Manager (CAM) within 10 work days of becoming aware of the action being 

challenged citing the nature of the concern and the requested relief. Within five (5) 

work days of receipt of the grievance, the BUE, Union representative and CAM will 

meet (telephonically or in person, if possible) to discuss the problem and attempt 

resolution. Within 10 work days of the meeting, the CAM will provide a written 

decision to the BUE and the Union of the outcome of the meeting. Rationale for 

grievance decisions will be provided commensurate with the issues framed in the 

grievance. Any grievance mistakenly submitted to the local level in accordance with 

the negotiated grievance procedure article will be considered timely and immediately 

forwarded to the appropriate CAM. 

b. Step 2: If the answer provided at Step 1 is unacceptable, the BUE may advance the 

written grievance within 10 work days to the Director of the DLA Human Resources 

Services Office. Within five (5) work days of receipt of the grievance, the Director of 

the DLA Human Resources Services Office or designee will meet (telephonically or 

in person) with the BUE and Union representative to discuss the allegation and 

requested relief. A final written decision will be provided within 10 work days of the 

meeting. Rationale for grievance decisions will be provided commensurate with the 

issues framed in the grievance. 

c. Step 3: If the answer provided at Step 2 is unacceptable, the BUE/Union may advance 

the written grievance within 10 workdays to the Administrator, DLA Human 

Resources Services, who will issue a written decision within 10 work days to the 

BUE/Union. The written decision will be the final Agency decision. 
48

i. Failure on the part of the CAM to comply with the specified time limit

specified in Step 1 will permit the grievance to be advanced to Step 2. Failure 

on the part of the grievant to comply with the time limits will serve as the 

basis for rejecting the grievance on the basis of timeliness. 

ii. If the Union is not satisfied with the final grievance decision, the Union may 

request the grievance be advanced to Arbitration in accordance with Article 

37 of the Master Labor Agreement. 

iii. A declaration that the issue is non-grievable or non-arbitrable will become the 

threshold issue to be determined before the merit promotion grievance can be 

reviewed by an arbitrator. 
49

ARTICLE 14

EMPLOYEE ASSISTANCE PROGRAM (EAP)

SECTION 1. GENERAL

A. The EAP is a voluntary, confidential program that helps employees work through various life 

challenges that may adversely affect job performance, health, and personal well-being. The 

EAP services include assessments, counseling, and referrals for additional services to 

employees with personal and/or work-related concerns, such as stress, financial issues, legal 

issues, family problems, office conflicts, and alcohol and substance use disorders. 

B. The EAP brings together a variety of personal services under one umbrella, which address 

problems or concerns related to areas such as mental health, financial and/or legal matters, 

alcohol or drug abuse, work-related stress, marriage/family and caregiving issues, illnesses, 

accidents, and relationships. The EAP is a free and confidential counseling and referral 

service available to all employees and their family members. The EAP provides initial 

telephone consultation, problem assessment/clarification, short-term in-person counseling, 

and referral to treatment options through the employee's health plan or community resources, 

if needed. The EAP is available 24 hours a day, seven (7) days a week, every single day of 

the year.

C. The Employer will broadly publicize and promote the availability of EAP services across the 

Agency, to include an informational website available to all DLA employees. 

D. In administering disciplinary actions, proposals shall include language advising employees of 

services available through EAP. 

E. EAP matters related to the DLA Drug Free Workplace Program are covered under Article 35, 

and applicable DLA policies and procedures. 

F. In the case of an employee with an actual or perceived disability who enrolls in the EAP after 

receiving a notice of proposed disciplinary or adverse action, the Employer may consider 

holding the action in abeyance to allow participation in a rehabilitation program. 

SECTION 2. COUNCIL-EMPLOYER COOPERATION

A. Council 169 agrees to cooperate fully with the Employer in attempting to rehabilitate 

affected employees who need assistance under the provisions of this program and improve 

work performance, if applicable. 

B. Council 169 and the Employer recognize that the program is designed to deal forthrightly 

with the problem at an early stage when the situation is more likely to be correctable. 

C. When supervisors suspect or recognize that employees’ performance or conduct may be 

affected by concerns that could be addressed through EAP, supervisors may encourage 

employees to contact EAP. 
50

D. Employees requiring the services of the EAP will be permitted to attend a maximum of six

(6) sessions for initial evaluation and referral. Such time, including reasonable transit time,

will be in a duty status, if the employee is otherwise in a duty status. Odd shift employees 

may request a shift change to participate in the services of EAP. 

SECTION 3. EMPLOYEE RESPONSIBILITY

Employees will submit their requests to obtain EAP services while in a duty status to their 

supervisors. The exact nature of the services will not be disclosed. 
51

ARTICLE 15

SAFETY AND HEALTH

SECTION 1. GENERAL 

A. The Employer will, to the extent of its authority, provide and maintain safe and healthful 

working conditions for all Employees. Safe and healthful working conditions will be 

determined in accordance with the definitions and standards contained in Section 19 of the 

Occupational Safety and Health Act (OSHA), in Executive Order 12196, and in 

implementing regulations and directives. 

B. Council 169 will support the Employer's efforts to acquaint every Employee with his/her 

safety and health responsibilities. Any bargaining unit member who is performing duties, 

which he/she believes endangers his/her health or safety, will promptly notify the nearest 

available supervisor. If the supervisor agrees with the Employee and cannot solve the 

problem by providing immediate adequate protection, the supervisor shall remove the 

Employee from the situation and refer the problem through appropriate channels for action. 

 

C. An Employee's bona fide refusal to work in unsafe or unhealthy areas, as described above in 

this Section, will not result in reprisal by the Employer. A “bona fide refusal” is based upon 

the Employee’s reasonable belief that under the circumstances the task poses an imminent 

risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient 

time to seek effective redress through normal hazard reporting and abatement procedures. 

(29 C.F.R. § 1960.46(a)) 

D. The Council 169 Local will be promptly notified of all work areas used by bargaining unit 

employees that are determined to be unsafe or unhealthful. Copies of safety or health 

inspections of such spaces will be provided to Council 169 Locals. 

E. Council 169 Local representatives may be approved for official time in accordance with 

Article 3 to engage in investigations of work related accidents, reports of unsafe or 

unhealthful working conditions, or other safety and health related complaints. 

F. The Employer is responsible for providing a safe and healthful work environment, and will 

perform additional safety and mishap prevention functions for all personnel under its 

supervision. 

SECTION 2. PROTECTIVE CLOTHING, EQUIPMENT AND TOOLS 

A. The Employer will furnish personal protective equipment (PPE) without charge or cost to 

the Employee when it determines that such equipment is necessary for the work to be done 

safely, including special situations as determined by the employer. Employees will be 

allowed to retain such equipment if it is not suitable for use by other Employees when they 

no longer need it (i.e., eyeglasses, safety shoes, etc.). Employees are expected to exercise 

due care and diligence in use of PPE. Consistent with the nature of the work assignment and 
52

subject to management approval, work schedules may provide for a reasonable amount of 

time to be included in the scheduled tour of duty for those tasks, which are related directly to 

the performance of work assignments, such as personal cleanliness and storage as well as a 

cleanup of Government property, tools and equipment. 

B. If required for representational functions, Union representatives shall be provided PPE as 

appropriate. 

C. To the extent required by the Employer, safety shoes will be provided for employees or the 

employee will be reimbursed for the amount up to $165 annually for the purchase of safety 

shoes when required in the performance of assigned duties. The method for providing safety 

shoes and/or reimbursement will be determined by the employer. To the extent feasible, the 

Employer will implement a method for providing safety shoes that does not require the 

employee to purchase up front, at his/her own expense, with subsequent reimbursement. 

Where employees are required to visit an outside vendor location to select/purchase safety 

shoes, up to two hours of duty time will be granted, subject to mission requirements and 

supervisory approval. Either Party may request to meet annually to discuss an inflationary 

price adjustment in the payment for safety shoes or if there is a substantial cost increase in 

the purchase price. In the event an employee demonstrates a need, subject to supervisory 

approval, for an additional pair of safety shoes within the year, the employee will be 

authorized the replacement. The shoes will meet the ANSI/OSHA specifications. Request 

for specialized safety shoes due to medical conditions will be administered in accordance 

with the reasonable accommodation procedures. 

SECTION 3. SAFETY INSPECTIONS 

A. The Employer will conduct annual safety inspections at every Agency installation. For 

safety inspections conducted in accordance with 29 CFR 1960, the Council 169 Local will 

be afforded an opportunity to participate Council 169 Local representatives will be approved 

for official time in accordance with Article 3 for such inspections. 

B. The Council 169 Local will be notified when a Federal health officer, Employer safety 

inspector or private contractor visits the facility for the purpose of a safety inspection of 

spaces used by bargaining unit employees. A representative of the Council 169 Local will be 

invited to participate in these inspections. The Employer will provide the local with a timely 

copy of the inspection report. 

C. Council 169 Locals may, at their expense, bring in their own appropriately certified experts 

to conduct safety inspections and/or testing. Such experts will be certified by OSHA. Such 

inspections and/or testing will be coordinated in advance through the local Safety Office and 

the Safety Office will accompany the inspector. Coordination will include the credentials of 

the inspector and/or lab and the testing/inspection protocols to be followed. The Safety 

Office will be provided with a timely copy of the report. It is understood that security 

considerations may preclude the admission of inspectors or testing personnel into restricted 

areas. 
53

SECTION 4. FIRST-AID KITS 

A. At activities where local health services are not available, the Employer will furnish one 

industrial first aid kit for every building and an additional first-aid kit for every 50 

Employees, and will ensure that at least one Employee of the activity is qualified to 

administer first aid. 

B. The Employer supports lessening the impact of sudden cardiac arrest by supporting 

employee and worksite preparedness and response. For DLA hosted locations, and in 

coordination with host installations, the Employer will consider equipping DLA facilities 

with Automatic External Defibrillators (AEDs) in accordance with applicable safety and 

emergency response guidelines. In locations where AEDs are provided, the Employer will 

ensure employee awareness of emergency response procedures. 

SECTION 5. HEALTH SERVICES AND MEDICAL EVALUATION 

A. The Employer will provide the necessary Occupational Health medical surveillance for 

Employees whose exposure in the performance of official duties requires medical surveillance. 

At a minimum, this will include all bargaining unit employees who are covered by a Medical 

Surveillance Program (MSP). Such Employee will be notified in writing of the reasons for 

inclusion in the MSP. Such Employee will be provided appropriate baseline, periodic and exit 

medical surveillance evaluations as determined by the occupational Health physician. 

B. The Employer will provide Employees whose positions are not covered by an MSP a 

diagnostic examination if they have been exposed to hazardous material or prolonged exposure 

to unhealthful working conditions and such examination is determined by competent medical 

authority to be necessary. In addition, Employees have the option of seeking medical 

examinations from sources of their own choice at no cost to the Employer. 

C. The Employer maintains the right to require medical examinations in accordance with 5 C.F.R. 

339.301 at no cost to the Employee for Employees covered by an MSP. However, Employees 

maintain the right to submit additional medical documentation from sources of their choice at 

no cost to the Employer. 

D. A review of health services of each local organization will be conducted at least once a year. 

SECTION 6. WORK IN UNSAFE AREAS 

A. If an Employee alleges that an unsafe work condition exists, the Employee will inform the 

supervisor and may notify the Council 169 Local and Safety Office. 

B. The provisions of DLA safety policies, E.O. 12196, and 29 C.F.R. § 1960 in effect at the time 

will be followed so that Employees who are involved in occupations with identified 

safety/health hazards are made aware of the hazards, informed of safe work practices, and 

educated in the use of appropriate personal equipment. 
54

C. Appropriate abatement procedures in accordance with DLA safety policies, E.O. 12196, and 

29 C.F.R. § 1960 in effect at the time will be followed to correct a work area which has been 

determined by a competent authority to be unsafe or unhealthful. 

D. Bargaining unit employees may sometimes be assigned to work alone, or in confined or 

restricted access spaces, where safety hazards exist. Employees required to work alone or in 

confined spaces will be provided a means of communication, such as a cell phone or two-way 

radio for emergency use. If the work is being performed in an area that is not conducive to the 

use of such devices, the Employer will ensure that the supervisor or other personnel check on 

the Employee often to verify his/her safety. No Employee shall be allowed to work in confined 

or enclosed spaces without either mechanical or natural ventilation without having someone 

posted outside equipped with necessary protective equipment to effect a safe rescue. 

E. Employees shall report accidents immediately as required by existing regulations. (Note: If an 

Employee is injured, transportation for medical treatment will be provided in accordance with 

the provisions of Article 19). The Employer will notify the Council 169 Local President or 

designee in a timely manner after an accident is reported. The Council 169 Local will be 

permitted to dispatch a representative to the scene of a reported accident, subject to the official 

time provisions of Article 3. Such representatives will not interfere with the official 

investigation of accidents, but may investigate on behalf of the Employee and the Union. Upon 

request, the Council 169 Local will be provided a copy of accident reports involving 

bargaining unit employees. On a quarterly basis, the Council 169 Local will be provided 

copies of statistical reports (summaries) maintained by the Employer. 

F. The Employer will promptly notify the Council 169 Local President or designee of any 

hazardous working condition or situation involving imminent danger (i.e., bomb threat, 

violence in the workplace, etc.) or when the force protection condition (FPCON) changes. 

G. Employees are encouraged to detect and report unsafe work practices, unsafe conditions, and 

health hazards to the immediate supervisor or Safety and Health Officer, and the Council 169 

Local. 

SECTION 7. HEALTH AND SAFETY COMMITTEES 

Where the Employer establishes a Safety and Health Committee under 29 CFR 1960, the Agency 

will comply with those provisions. Such Safety and Health Committees shall have access to 

appropriate Agency information relevant to their duties, including information on the nature and 

hazardousness of substances in the Employer’s workplace, and will monitor performance of the 

Employer’s Safety and Health programs. Representatives of the Union may be approved for 

official time to participate on any committees in accordance with Article 3.

SECTION 8. WELLNESS PROGRAMS 

The Employer will publicize the availability of medical programs (such as Flu shots or blood 

pressure screening) that may be offered to Employees as part of a Wellness Program. Participation 

in such programs is voluntary and may be done on regular duty time if it is offered during the 

Employee’s duty hours. 
55

SECTION 9. FIRE SAFETY 

The Employer will provide fire evacuation routes and post evacuation plans in all work areas. The 

Employer agrees to supply and maintain on a regular basis an adequate number of fire 

extinguishers in all sections as determined by the Fire Department. 

SECTION 10. HEAT STRESS AND COLD WEATHER POLICY 

The parties recognize that temperature conditions in and around work areas have a direct bearing 

on employee’s comfort, morale, productivity, health and safety. It is agreed that work conditions 

and accommodations such as extra breaks for the employee to get hydrated in hot temperatures 

and warm up periods in cold weather are necessary and will be permitted based on local weather 

conditions and heat/cold indices. 

SECTION 11. TRAINING 

The Employer will provide appropriate job-related safety and health training for Employees, 

including specialized job safety training appropriate to the work performed by the Employee. 

Employees who are assigned to positions that are covered by a MSP or who are required to certify 

hazardous material will be provided the necessary training (necessary training may include the 

identification and classification of hazardous materials, proper packing and shipping methods, 

emergency procedures, etc.). 
56

ARTICLE 16 

LACTATION PROGRAM

In situations where a DLA activity already provides compensated breaks (e.g., 15 minutes in the 

morning and/or 15 minutes in the afternoon) that employees can use for any purpose, program 

participants who use their break time to express milk must be compensated in the same way as 

other employees who are compensated for such break time. In situations where a DLA activity 

provides for other break policies, supervisors shall work with nursing mothers to ensure evenness 

of applying break policies and to ensure they are allowed to utilize breaks in the same manner as 

other employees who utilize break time at their location. The average time for pumping varies 

among individuals, so any additional time used beyond the existing break period should be 

accounted for. A supervisor has the discretion to grant excused absence for these brief absences. 

Besides normal break time and excused time, when absences are for more than brief periods of 

time, additional time in 15-minute increments can be charged to annual leave, compensatory 

time, credit hours, or compensatory time off for travel, or an employee may adjust her work 

schedule (starting and stopping times) to make up the additional time. 
57

ARTICLE 17

MEMBERSHIP AND PARTICIPATION IN PROFESSIONAL ASSOCIATIONS

Consistent with ethics laws and regulations, Employees are encouraged to join and participate in 

professional organizations and their meetings. Expenses for such membership and/or 

participation in these meetings, including travel and per diem, will be borne by the Employee. 

At the discretion of the Employer, Employees may be authorized duty time and/or travel 

expenses to participate in such meetings when workload permits and participation in the meeting 

is in the interest of the Employer. When an Employee is directed by the Employer to join and 

participate in professional organizations and their meetings, expenses, including travel and per 

diem, will be borne by the Employer. 
58

ARTICLE 18

PERFORMANCE EVALUATION

SECTION 1. GENERAL

A. Periodic observation and evaluation of performance, accompanied by discussions, should 

serve to increase understanding between supervisors and subordinate employees 

regarding performance.

B. Management will prepare and use written performance plans to evaluate the work of 

subordinates. Performance plans will be applied to an employee in a fair and objective 

manner. Upon request, the Employer will provide the Union existing production records 

to substantiate that the application of quantitative performance standard is based on a fair 

and objective review of actual production. The requested data must be relevant and for 

the purpose of carrying out representational duties. 

C. Performance plans must be current and derived from the duties and responsibilities of 

the position, and performance standards must be reasonably attainable. 

D. Employees will be given the opportunity to participate in the initial development and 

substantial revision of performance plans for their positions. Employees may suggest 

changes to their performance plans during the rating cycle.

E. Management will keep employees informed periodically of their performance, and 

must provide them with counseling and training necessary to be fully productive. 

F. Performance ratings will be one of the bases for decisions regarding employee training, 

awards, reassignments, promotions, within-grade increases and quality step increases, 

retention, reductions in grade, and performance-based removals from the Federal 

Service. Those employees whose performance falls below the Fully Successful level 

will be given the opportunity to improve. 

G. The Agency will not prescribe a distribution of levels of ratings for employees covered 

by this Agreement. Each employee’s performance will be judged solely against his/her 

performance standards.

H. Employees who serve as representatives or officials of labor organizations will be rated 

solely on the basis of how well they perform the duties and responsibilities of their 

officially assigned positions. They will not be disadvantaged in their performance rating 

because of the time spent in a representational capacity.

I. Employees who spend 100% of their time as labor representatives or officials of labor 

organizations are considered unrateable for performance appraisal purposes. For 

reduction-in-force, employees who spend 100% of their time as labor representatives will 

receive a modal rating. 
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SECTION 2. DEFINITIONS

A. Rating Official. The individual who is authorized to assign and review work, and is 

responsible to oversee performance of the employee being evaluated. This individual is 

normally the immediate supervisor who exercises full range of personnel management

responsibility. 

B. Higher Level Reviewer. The individual(s) responsible for approving ratings submitted 

by the rating official(s) for those ratings which fall below Fully Successful. This is 

normally the next higher-level supervisor above the rating official. 

C. Critical Element. A component of a position consisting of one or more duties and 

responsibilities which contribute toward accomplishing organizational goals and 

objectives, and which is of such importance that unacceptable performance on the 

element would result in unacceptable performance in the position. 

D. Fully Successful. The performance level necessary for the employee to function 

adequately, fulfill the duties and responsibilities of the position, and properly contribute 

to meeting organizational performance goals. 

E. MyPerformance: The DoD automated appraisal tool authorized for use by both 

supervisors and employees to document the performance management process of the 

DoD Performance Management and Appraisal Program.

F. Outstanding: Performance that, as described in DoDI 1400.25, volume 431, produces 

exceptional results or exceeds expectations well beyond specified outcomes; sets targeted 

metrics high and far exceeds them (e.g., quality, budget, quantity); handles roadblocks or 

issues exceptionally well and makes a long-term difference in doing so; is widely seen as 

an expert, valued role model, or mentor for this work; exhibits the highest standards of 

professionalism 

G. Performance Appraisal. The process of reviewing and evaluating the 

performance of an employee against the written performance plan. 

H. Performance Plan. The written combination of critical elements and standards of 

performance for them.

I. Performance Standard. The results-oriented statement that describes the level of 

performance established for a critical element in such dimensions as quality, quantity, 

timeliness, and manner of performance. To the extent performance standards are based 

on numerical goals or numerical performance levels, the numerical goals for which the 

employee is responsible will be stated in the performance standard. 

J. Rating of Record. The summary rating under 5 U.S.C. § 4302 ordinarily required at the 

end of the appraisal period. Illustrative of the summary rating determinations in DoD 

Instruction 1400.25, Volume 431, period Level 5 - Outstanding (the average score of all 
60

critical element performance ratings is 4.3 or greater with no critical element being rated 

"1" (Unacceptable) resulting in a rating of record that is a 5); Level 3 - Fully Successful 

(the average score of all critical element performance ratings is less than 4.3 with no 

critical element being rated a "1" (Unacceptable) resulting in a rating of record that is a 

"3") and Level 1 - Unacceptable (any critical element rated as "1”).

K. Summary Level. An ordered category of performance from Level 1 through Level 

5, with Level 1 as the lowest and Level 5 as the highest. Level 1 is 

“Unacceptable;” Level 3 is “Fully Successful;” and Level 5 is “Outstanding.” 

L. Unacceptable. Performance which fails to meet the Fully Successful level for a critical 

element. Also refers to the summary rating assigned if an employee is rated 

Unacceptable in one or more critical elements.

SECTION 3. PROCEDURES

A. Establishing Written Performance Plans

1. Written performance plans related to the duties and responsibilities of each position 

will be prepared, revised as necessary, and kept current. Performance plans will set 

forth the criteria by which work will be measured for each critical element. Employees 

will be encouraged to participate in the initial development of performance plans for 

their positions and may make suggestions to their supervisor concerning changes 

thereto during the rating cycle. To the extent feasible, the performance standards 

should include specific, measurable, achievable, relevant, and timely (SMART) 

criteria, which provides the framework for developing effective results and 

expectations. To the extent feasible, performance standards shall be objective and 

provide opportunities for outstanding performance. Absolute (i.e., pass/fail) standards 

are permissible when a single instance of failure to meet the standard could result in 

death, injury, breach of security, or great monetary loss.

2. Performance standards describe how the requirements and expectations provided in 

the performance elements are to be evaluated. Performance standards must be 

provided for each performance element in the performance plan and will be written at 

the Outstanding, Fully Successful and Unacceptable level. 

3. An employee will be provided a copy of the performance plan for his/her position at 

the beginning of each appraisal period, upon initial entry into the position, and when a 

new or revised performance plan is established. 

4. Any substantial change to or revision of performance plans will be discussed with the 

concerned employees and their comments considered prior to the plan becoming 

official. When a new or substantially revised performance plan is prepared, copies of 

the draft plan will be provided to the employee(s) and the Union. 
61

5. While the content of the performance plans is the exclusive determination of the 

Employer, the Employer will give consideration to any comments received from the 

employee or the Union prior to the performance plan(s) being finalized and 

implemented provided they are received within 10 calendar days. An employee’s 

acknowledgement, initials or signature do not imply agreement with the performance 

plan. 

6. Changes will be acknowledged and the revisions noted in the MyPerformance 

appraisal tool. Employees will be advised if:

•The element or standard will apply at the beginning of 

the next appraisal cycle;

• The plan is being updated during the current cycle (if the 

employee does not have an opportunity to perform under the revised element(s) 

for the minimum 90-calendar-day period, the revised elements will not be 

rated); or

• The current appraisal cycle is being extended by the amount of 

time necessary to allow 90 calendar days of observed performance under the 

revised element or standard. (Extending the appraisal cycle will affect the start date 

of the employee’s subsequent appraisal cycle; however, the subsequent appraisal 

cycle will still end March 31 of the following calendar year.

7. To the extent practicable, as determined by the agency, employees performing like 

duties and working under the same position description, will have the same standards. 

B. Discussing Performance with Employees 

1. Performance appraisal is a continuous process involving periodic discussions 

between the supervisor and employee (at least three documented discussions per 

year, initial, one mid-period discussion and a summary discussion at the end of the 

appraisal period or when performance is rated). Every effort should be made to 

assure that employees understand the performance plan for their positions, as well as 

the extent to which their performance meets standards. Employees, at their request, 

will receive clarification of any aspect of their plan which is not clear. 

2. When an employee’s performance falls below the Fully Successful level, the 

employee will be counseled regarding his/her performance and the consequences that 

may result such as potential denial of a within-grade increase, inability to be 

considered for merit promotion and loss of RIF retention standing. 

3. Each employee's performance will be discussed at the time a rating is given. If an 

employee is temporarily unavailable for this discussion, the supervisor should 

reschedule the discussion, if practicable.
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4. Formal performance discussions will be documented in the automated tool (i.e., 

MyPerformance). If written (paper-based) documents are used, the employee will be 

furnished with copies of the documents at the time of the meeting. Formal 

performance meetings will be held in person, to the extent practicable, which may 

include the use of various video teleconference or office communicator tools (e.g. 

“Skype”) to ensure face-to-face communication. The meetings will be in private. 

The documented discussions will include employee’s accomplishments and 

contributions; employee’s level of performance, including any areas that need 

improvement; barriers to success; and employee’s developmental needs and career

goals. 

C. Rating Performance

1. The DoD and DLA rating cycle begins April 1st and ends on March 31st each year. 

Ratings will be based on at least 90 calendar days working under an approved 

performance plan. When an employee changes from one position to another, but has 

served 90 calendar days in the former assignment for the losing supervisor, a narrative 

assessment will be prepared and forwarded to the gaining supervisor. To the extent 

that it is applicable, that narrative assessment will be considered when the employee's 

performance is rated at the end of the appraisal period. When a position change occurs 

during the last 90 days of the appraisal period and the employee is otherwise eligible 

for a rating, a rating of performance will be prepared. Ratings thus prepared will 

become the rating of record for the appraisal period.

2. Descriptions of Performance Rating Levels. The performance rating assigned should 

reflect the level of the employee's performance as compared to the standards 

established.

3. Employees will be advised in sufficient time of deadlines in which employee input is 

due for consideration in the performance evaluation.

4. Employee self-assessments should be given serious consideration in

developing the performance rating for that employee. 

5. Choosing not to provide the voluntary self-assessment will not disadvantage an 

employee relative to those who do provide such assessments, in and of itself. 

However, it is the performance of the employee with regard to the performance plan 

that should determine the rating and the rating official remains responsible for 

adequately and accurately observing, fostering, motivating and evaluating that 

performance throughout the entire rating period. 

6. Supervisors will write a performance narrative that succinctly addresses the 

employee's performance measured against the performance standards for the 

appraisal cycle. (a) The performance narrative discusses the employee's performance 

and provides support for other personnel actions. (b) Performance narratives are 

required for each element rated as a means of recognizing all levels of 
63

accomplishments and contributions to mission success. 

7. An employee who has been on long-term training or other lengthy absence from duty, 

or for other reasons has not completed the minimum 90 days of work necessary for a 

rating at the end of the appraisal period is not eligible for a rating. When either a 

temporary promotion or a reassignment NTE (date) is processed, the agency will 

ensure that an appropriate performance plan exists for the position. If one is not 

available, he or she must follow the procedures outlined in section 3.A. above.

8. When a performance rating is prepared, each performance element will be rated 

consistent with the DoD Instruction 1400.25, volume 431, (e.g. Outstanding, 

Fully Successful, Unacceptable).

9. In the event the employee has had insufficient opportunity to demonstrate 

performance on an element, the element will be annotated as unrateable and will not 

be considered in determining the summary adjective rating unless the supervisors 

extends the appraisal cycle.

10. If an employee's performance fails to completely meet the Fully Successful level, 

performance for that element should be rated Unacceptable. The appraising 

supervisor will provide a copy of the completed performance rating to the employee, 

discuss its contents and the employee's performance and obtain the employee's 

acknowledgement, which will be documented in MyPerformance. The employee's 

acknowledgement does not imply agreement; it merely verifies that the rating has been 

received and discussed.

11. When an employee has been informed that his/her performance is below the Fully 

Successful level, the Employer will promptly initiate efforts to help the employee 

overcome the deficiencies. Section 4 provides further guidance to be followed when 

performance is considered to be at or below the Fully Successful level.

12. When employees are appraised, supervisors will consider extenuating circumstances 

(such as special assignments, abnormal workload fluctuations, etc.). 

13. Employees will be assessed on the DoD or DLA values, and activity-level goals 

and objectives, only to the extent applicable to the assessment of individual 

performance elements as described in the performance standards for each element.

14. A performance standard is a statement of the expressed level of achievement in terms 

of the quality, quantity, timeliness, etc., required for the performance of an element of 

an employee’s job. Application of all performance standards shall be fair and 

equitable, and consistent with regulatory requirements and the requirements of the 

position. 

D. Rerating Performance During the Appraisal Period
64

1. It is expected that employees will usually receive only one performance rating per 

year. However, performance may be rerated when an employee's performance in one 

or more critical elements has become Unacceptable. Consistent with governmentwide regulation, performance must be rerated when the rating of record does not agree 

with the decision to grant or withhold a within grade increase. Normally, supervisors 

will counsel employees about performance deficiencies that would result in a denial of 

a within-grade increase sufficiently in advance of the due date (60 days, when 

practicable) so as to allow them the opportunity to improve their performance to the 

Fully Successful level.

2. A rerating may not take place until the employee has completed a minimum of 90 

calendar days in the job working for an appraising supervisor, and at least 90 calendar 

days have elapsed since the previous rating It is not necessary to rerate an employee at 

the end of a warning period (see Section 4 below) in order to take an appropriate 

performance-based personnel action.

E. Appraising Performance on a Detail, Temporary Promotion, or Reassignment NTE

(date)

1. When a detail, temporary promotion, or reassignment NTE (date) within DLA is 

expected to last 90 days or more and a change to the performance plan is required the 

employee will be furnished with a copy of the performance plan for the position. 

2. Upon completion of a detail, temporary promotion, or reassignment NTE (date) 

lasting 90 days or more, the employee will receive a narrative statement documented 

in MyPerformance. A narrative statement is a brief narrative description of an 

employee’s performance, accomplishments and contributions during the temporary 

assignment. A narrative statement is not a rating of record.

If the temporary promotion or reassignment NTE (date) lasted less than 9 months 

during the rating period, such a narrative statement is for information only and does 

not become the rating of record. It will be considered to the extent that is applicable 

to the employee’s regular position when the employee’s performance is rated at the 

end of the appraisal period. See section 3.C.3. for information concerning longer 

temporary assignments. 

F. Probationary Period Evaluation 

1. During the probationary period required after competitive appointment, a new 

employee will be appraised to determine whether conduct, performance, and overall 

fitness warrants retention in the Federal service.

2. 5 CFR 315 provides guidance and procedural requirements for the separation of a 

probationary employee. 

G. Performance Ratings and Other Personnel Actions 
65

1. An employee's performance will govern the decision to grant or withhold a within 

grade increase when one is due. General Schedule (GS) employees must be 

performing at "an acceptable level of competence." An acceptable level of 

competence equates to a rating of record at the Fully Successful or higher summary 

level. Employees covered by the Federal Wage System must perform at a 

"satisfactory" or higher level as provided in 5 U.S.C. § 5343(e)(2). A satisfactory 

rating equates to a rating of record at the Fully Successful or higher summary level. 

The most recent rating of record must agree with the decision to grant or withhold a 

within grade increase.

H. Effective Date of the Appraisal. A rating of record is final when it is signed by the 

employee's supervisor, in his or her capacity as rating official and, where required by DLA 

policy, by a higher level reviewer (HLR). A rating of record finalized before June 1 will be 

effective June 1. 

I. In the event the Employer is conducting a Reduction in Force, the Employer will ensure 

that all performance ratings based on the established cutoff, are entered into DCPDS prior 

to generating a retention register.

J. Employees are expected to seek informal resolution of disagreements with their 

supervisor concerning performance ratings. Employees may seek reconsideration of 

individual performance element ratings through the Administrative Grievance process. 

Employees may not challenge the contents of performance elements or standards. If the 

administrative grievance is granted, the rating will be adjusted accordingly. 

SECTION 4. WARNING EMPLOYEES OF SERIOUS PERFORMANCE 

DEFICIENCIES

A. When performance is considered by management to be below the Fully Successful level 

for non-probationary employees, the supervisor will notify the employee of performance 

deficiencies, specifically identify areas of performance below the Fully Successful level, 

explain what must be done to improve, and suggest ways for improvement. While 

counseling sessions are encouraged, it is not intended to preclude supervisors from 

initiating the appropriate performance-based action at any time. As a matter of practice, 

performance deficiencies should be addressed as early as possible during the 

performance cycle.

1. Unacceptable performance: If performance is considered to be at the Unacceptable 

level in one or more critical elements after the employee is made aware, the 

procedures in 5 U.S.C. Chapter 43 or 75 will be used to address the deficiency. To 

the extent practicable, counseling sessions will be face-to-face. If an employee is 

provided an opportunity to improve performance (e.g. PIP) under Chapter 43, the 

notice will state that performance is considered to be Unacceptable, establish a period 

(normally 90 days) during which the employee will be expected to attain the Fully 

Successful level in the deficient element(s), and generally include the following: 
66

a. Identification of each critical element in which performance is considered to 

be Unacceptable and description of those aspects of work that are deficient.

b. What performance is required to overcome the deficiencies. The personnel 

action (reassignment, demotion, or removal) that may result if performance is 

not improved to the Fully Successful level and generally, the types of 

assistance management determines necessary to improve performance. 

2. The written performance plan must form the basis for the requirements of the 

improvement period warning notice letter. During the warning period, the employee 

must be periodically counseled noting where improvements have been made and 

where they have not. If an annual performance rating becomes due during the warning 

period, the rating will be deferred until the end of the period and the employee will be 

so notified. 

3. If during, or at the end of the warning period, performance has improved to the Fully 

Successful level, and the PIP is completed, the employee will be notified in writing.

SECTION 5. REMEDIAL ACTIONS BASED ON UNACCEPTABLE PERFORMANCE

An employee may be reassigned, demoted, or removed from the Federal service because of 

Unacceptable performance in one or more critical job elements. A decision for such action may 

only be based on instances of Unacceptable performance which occurred within a 12-month 

period ending with the date of the proposed action. 

A. Demotions and removals due to Unacceptable performance are actions subject to the formal 

job protection procedures. When proposing to take such an action under 5 CFR 432, the 

following procedures will be followed: 

1. Employees will be advised of their right to representation and will be given a 30-

calendar day advance notice.

2. The charge must list the critical job elements and standards of performance that were 

not met. It must include the basic facts developed in following the warning period 

outlined in paragraph A above. 

3. A reasonable amount of official time to prepare and present a reply to the charge must 

be given and the employee so informed in the notice of proposed action. 

4. Any records or documents relied upon to support the charge will be made available 

or provided to the employee or the representative for review upon request. 

Information on this matter must be also provided in the notice of proposed action.

5. Any reply made by the employee must be carefully considered. If it is decided that 

the proposed action is warranted and supported, the employee will be given a notice 

of decision. The decision to take the action must be made by the approving official. 

The notice of decision must include information on the employee's appeal or 
67

grievance rights, as appropriate, as well as the right of Union representation.

 

6. The employee will be notified in writing when it is decided to cancel the proposed 

action.

B. A performance-based action may also be taken under 5 CFR 752 when the 

requirements of these regulations are followed. 

C. The procedural requirements above do not apply to the separation of employees during 

their probationary period after competitive appointment. Requirements pertaining to 

probationers are contained in Part 315, 5 CFR.

SECTION 6. PERFORMANCE APPRAISAL RECORDS

A. The DoD automated appraisal tool, MyPerformance, will serve as the Employee 

Performance Folder (EPF) for performance plans and ratings. These records will be 

retained consistent with government-wide regulation, typically 4 years.

B. All bargaining unit employees will have access to computers and duty time for the 

purpose of utilizing MyPerformance. All efforts will be made to avoid disadvantaging 

employees who do not regularly use a computer in their jobs. To the extent the Agency 

requires employees to use computers for the Performance Management System, those 

employees will receive any necessary training and assistance.

C. Employees, and their union representatives, if requested, will be able to see the 

performance related information about themselves that is kept in the system and will 

have subject to mission requirements, a maximum of 1 hour per week during their 

regular work schedules and the right to enter into the system their own achievements and 

successes. The system will not allow anyone to change anything that was entered by 

another person (i.e., supervisors cannot change an employee’s entries). Employees will 

be offered training in preparing self- assessments of their own performance. Those 

employees who do not write this type of document in the course of their normal duties 

will be given necessary assistance so as not to be disadvantaged. 

D. The Agency will ensure that the electronic performance managementsystem complies 

with all privacy requirements.

SECTION 7: Local negotiations on this Article are not authorized. 
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ARTICLE 19

WORKERS COMPENSATION

The parties acknowledge that the U.S. Department of Labor’s Office of Workers' Compensation 

Programs (DOL-OWCP), will administer benefits derived to employees under the Federal 

Employees Compensation Act (FECA). The DLA Injury Compensation Center (ICC) will 

administer the provisions of the FECA for the Employer. The Employer will publish information 

about the program and its benefits, points of contact at the ICC and telephone numbers for 

employees needing information concerning matters associated with work-related injury claims. 

The Employer will provide a toll free number for CONUS employees to contact the ICC. In 

addition to the ICC, employees may also consult the Union for information on the injury 

compensation process. 

1. Employees are responsible for reporting all job-related injuries, and illnesses to the

appropriate supervisor. If an employee requires medical treatment for the (traumatic) injury, the

Employer should complete the front of Form CA-16, Authorization for Examination and/or

Treatment. Where there is no time to complete a Form CA-16, the Employer may authorize

medical treatment by telephone and send the completed form to the medical facility, when

appropriate. When an employee is injured on the job and is unable to transport himself/herself to

a medical facility, the Employer will make transportation arrangements to and from the facility,

unless the employee requests otherwise. Normally, transportation from the medical facility will

not be the responsibility of the Employer if the employee is admitted to the hospital.

Unless precluded by medical emergency, the injured worker is entitled to first choice of 

physician or facility for treatment of an injury. Change in treating physician must be requested 

and approved by DOL-OWCP. 

2. Normally within 48 hours after report of the injury, the injured employee will be furnished the

appropriate claim form for completion, either a Form CA-1, Federal Employee's Notice of

Traumatic Injury and Claim for Continuation of Pay/Compensation) to claim injuries that can be

determined to have occurred at a specific time or place within a single day or work shift; or a

Form CA-2, Notice of Occupational Disease and Claim for Compensation that is used for

conditions produced by the work environment over a period longer than one work day or shift . If

the Employee is incapacitated and unable to complete the Form CA-1, the Employer will

promptly complete as much of the form as practicable, and forward the form through the

appropriate channels for processing and submission to DOL-OWCP.

3. When an employee has suffered illness or injury in the performance of duties, the Employer

will counsel the employee on such matters as: an explanation of Continuation of Pay (COP)

benefits, when applicable; the appropriate compensation forms to be filed; the types of benefits

available; the procedure for filing claims; the option to use COP or file for compensation benefits

in lieu of sick leave or annual leave, and the right to a personal representative. The counseling

mentioned above is not all-inclusive. This counseling and assistance will be available until the

OWCP claim is closed.
69

4. The Employer will not prevent an employee from filing a claim and will process the claim that 

has been submitted. However, it is understood the Employer will document its knowledge of the 

circumstances surrounding the injury, which may be different from the information provided by 

the employee. If the Employer controverts/challenges the work-related claim, the employee or a 

personal representative will be provided a copy of information pertaining to the claim challenge, 

which is retained by the Employer. 

5. The Employer will assist the employee in contacting appropriate DOL-OWCP authorities in 

an effort to address pending claim issues. The employee and a representative, with the written 

consent of the employee, will be permitted to obtain copies of any documents retained by the 

Employer relating to the claim. The official case file is maintained by DOL-OWCP. Due to the 

privacy interests of the claimant, it is of the utmost importance that claim information is not 

released without claimant consent. The claimant must provide written authorization for any 

representative, union or personal, to view or receive a copy of the claimant’s Workers’ 

Compensation casefile. FECA only allows for one designated individual to represent an 

employee at a time. Such authorizations must be provided to ICC personnel as appropriate. 

Requests submitted by the Union for Workers Compensation Casefiles are not covered by 5 

U.S.C. § 7114(b)(4). Any information released to a representative will be in compliance with the 

DOL-OWCP procedures and regulations. Both the Employee and the personal representative (if 

a DLA Employee) will be allowed a reasonable amount of duty time (regardless of union 

affiliation) for these activities, subject to supervisory approval. If the request for duty time is 

disapproved due to workload reasons, the supervisor will indicate when use of duty time can be 

approved. Activities associated with appealing a formal OWCP decision will be on the 

employee’s and representative’s own time. 

6. If the compensable injury is a recurrence during the period ending not later than 45 days after 

the Employee returns to duty and the Employee has not exhausted his/her COP entitlement, the 

Employee may use the remaining portion of COP, in accordance with DOL-OWCP regulations. 

7. Employees receiving COP or compensation may be ordered to report for medical 

examinations for the purpose of enabling the Employer to determine medical limitations, which 

may affect placement decisions. However, the Employer must offer employees the opportunity to 

provide medical documentation from their own medical care provider. 

8. Injured workers are expected to return to duty as soon as they are determined to be medically 

capable. If a set of duties has been identified in writing and offered by the employer, an 

employee is expected to return to work. If the employee declines, OWCP will determine if the 

set of duties meets the employee’s restriction. 

9. The Employer will refer employees to the appropriate benefits counselor (ICC or appropriate 

benefits office) for counseling related to OWCP benefits to include retirement 

options/information. The OWCP or benefits counselors will provide all the information 

necessary for employees to make informed decisions. 
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ARTICLE 20 

HOURS OF DUTY

SECTION 1. GENERAL

This Article shall be administered in accordance with 5 U.S.C. Chapter 61 and 5 C.F.R. Part 610. 

SECTION 2. STANDARD WORK WEEK

The standard work week is defined as five (5) eight (8)-hour days, normally Monday through 

Friday, unless circumstances require a different workweek for some employees. Normally, an 

employee’s standard workweek shall not extend over more than five (5) days of the period 

Sunday through Saturday. Full-time employees are on duty regularly eight (8) hours per day. 

Part-time employees are on duty on prescribed days and hours. An employee on a standard 

workweek has a “fixed” tour of duty and may not vary his or her arrival and departure times, the 

timing or length of the unpaid lunch break, nor accumulate and use credit hours. Employees on 

the standard work schedule must take a scheduled 30-minute unpaid lunch break between 11:00 

a.m. and 1:00 p.m. However, with Agency approval, employees may be allowed variations in 

their work schedule for educational purposes. 

Employees will use the standard workweek and a fixed tour of duty unless they are on an 

alternative work schedule (AWS) (see AWS Section).

SECTION 3. STANDARD TOUR OF DUTY

Generally, employees on a standard workweek with a fixed tour of duty will have a schedule that 

encompasses 9:00 a.m. to 11:00 a.m. and 12:30 p.m. to 2:30 p.m. (also known as core hours), 

unless otherwise determined by Management for mission requirements. Generally, employees on 

such a schedule will have a fixed start time no earlier than 6:00 a.m. and a fixed departure time 

no later than 7:00 p.m., unless otherwise determined by Management for mission requirements. 

SECTION 4. CHANGES

The Agency will notify the Union and employees at least one (1) week in advance of any change 

in the hours of work (two (2) weeks, if practicable) except where the Agency would be seriously 

handicapped in carrying out its functions or that costs would be substantially increased. In those 

instances, the Agency will notify the Union as soon as practicable. 

SECTION 5. BREAKS

Employees shall be allowed one (1) paid 15-minute rest period during the middle of each four (4) 

hour work period for an eight (8) hour day. Normally, this will be one (1) morning break and 

one (1) mid-afternoon break after the meal period and before completing eight (8) regular work 

hours. Employees scheduled to be working 10 hours in a day shall be allowed two (2) 20-minute 

breaks. Normally, this will be one (1) morning break and one (1) mid-afternoon break after the 
71

meal period. Employee breaks maybe scheduled or adjusted ad hoc to accommodate mission 

needs and/or provide customer service. 

Brief personal relief breaks (restroom usage, taking medication, water fountain usage) may be 

taken as needed.

SECTION 6. MEAL PERIODS

An unpaid lunch break of at least 30-minutes must be established if the employee is scheduled to 

work for more than six (6) hours in the daily tour of duty. Normally, this will be scheduled near 

the mid-point of the tour of duty and may not be combined with rest periods. 

When a normal, scheduled meal period is not feasible within a shift for a specific position or 

mission requirement, a 20-minute working meal period shall be permitted and considered as 

hours worked for pay purposes, as long as the employee is required to remain in or around their 

work area.

SECTION 7. SHIFT WORK

If the standard workweek at a site includes shift work, fully qualified employees may volunteer 

for reassignment to vacancies on another shift. The Agency determines employee qualifications. 

If there are more volunteers than vacancies, employees in the work unit will be selected 

according to their service computation date. Other procedures for shift work will be negotiated at 

each site. 

SECTION 8. START-UP TIME/CLEAN-UP TIME

Consistent with the nature of the job, hours of work will allow a reasonable amount of time for 

all tasks related to the performance of the work, such as personal cleanliness and clean-up and 

storage of Government property, tools, and equipment. Such time does not constitute overtime. 

SECTION 9. TIMEKEEPING

Normally, all employees will input their time directly into EAGLE (or other Agency-furnished 

timekeeping tool). For those employees who do not have regular and recurring computer access 

to EAGLE (e.g., warehouse workers), the Employer will input their time. If there is a change in 

the process, then the Union will be notified and employees will be trained on the use of the 

system as appropriate.

Employees shall be encouraged to input their time daily. Normally, all inputs for the entire pay 

period shall be done by noon (1200 hours) of the last Friday of the pay period. Accelerated pay 

periods shall be accommodated accordingly. Projections shall not preclude changes in time after 

projections are made. Projected times shall not be used as a basis for denying leave. 
72

Any time that may not be certified and cannot be accounted for shall be automatically input in 

accordance with the employee’s normal work schedule (the intent is to ensure the employee is 

paid for their scheduled work hours). Corrections shall be made to the time and attendance in the 

following pay period. Employee acceptance of time input shall be when the employee signs the 

timesheet. 

SECTION 10. ALTERNATIVE WORK SCHEDULES

A. The parties agree that the Agency can meet its mission and program goals while at the same 

time allowing employees to exercise some control over their work time. Under an alternative 

work schedule (AWS), employees can schedule their activities to achieve a more desired 

balance between work, family responsibilities, and personal interests. Accordingly, the 

parties agree that the Agency will allow employees to have AWS when it is consistent with 

the basic business and mission requirements. To the extent the implementation of this 

Agreement requires a change in an employee’s work schedule, the employee will be given 

two (2) pay periods from the effective date of this Agreement to work with their supervisor to 

select a work schedule consistent with this Article. 

B. AWS Definitions:

1. Flexible Work Schedule (FWS). A flexible work schedule which allows employees to 

vary their arrival/departure times and number of hours worked on a given day or the 

number of hours worked each week, within the limits established in this Article. 

2. Basic Work Requirement (BWR). The number of hours, excluding overtime or 

compensatory hours, which an employee is required to work or account for by leave or 

credit hours within a bi-weekly pay period. For full-time employees, the BWR is eight (8) 

hours per day and 80 hours per pay period. 

3. Compressed Work Schedule (CWS). This means, in the case of a full-time employee, an 

80-hour biweekly basic work requirement that is scheduled by the Agency for less than 

10 work days. For the purposes of this Agreement, the CWS is defines as the 5/4/-9 and 

4/10 schedules. Under a 5/4-9 schedule, a pay period of 10 work days includes eight (8) 

nine (9)-hour days, one (1) eight (8)-hour day, and one (1) non-work day, referred to as a 

regular day off (RDO). Under a 4/10 schedule, a pay period of 10 work days includes 

eight (8) 10-hour days and two (2) non-work days, referred to as RDOs. Such schedules 

will be worked out based on mission requirements. The Agency may limit the number of 

employees on a specific RDO. 

4. Core Hours. Those hours employees are required to be present for work unless in a leave 

status, using credit hours or on some other authorized absence. Occasional deviations 

from core hour requirements are permissible with prior supervisory approval. 

5. Credit Hours. Hours worked in excess of the basic work requirement (eight (8) hours per 

day and 80 hours per pay period for full-time employees), excluding overtime and 

compensatory time, at the election of the employee and approved by the supervisor. 
73

Credit hours are earned and used in 15-minute increments. The maximum amount of 

credit hours that can be earned per day by a full-time employee is two (2) hours, and per 

pay period is 20 hours. Credit hours cannot be earned on non-work days (i.e., on a 

Saturday, Sunday, or holiday if the assigned tour of duty is Monday through Friday). 

Maximum carryover to succeeding pay periods is 24 hours for full-time employees. 

Maximum carryover for part-time employees is one-fourth of their basic work 

requirement. Credit hours cannot be used in advance of being earned. 

6. Credit Hours Taken. Credit hours used as time off in lieu of other paid leave categories. 

7. Flexible Time Bands. That part of the schedule of working hours during which an 

employee may choose his/her time of arrival to and departure from the work site within 

limits consistent with the duties and requirements of the position and with supervisory 

approval. 

D. Alternative Work Schedule (AWS) Provisions: 

1. The AWS is established in accordance with 5 C.F.R. Part 610, Subpart D, and Subchapter 

II of Chapter 61 of title 5, United States Code. 

2. The parties agree that the AWS will be implemented at DLA sites. The Director of a 

given organization at each site retains authority for determining what position within their 

organization will be covered, as dictated by mission requirements. Permanent restriction 

of individual positions from the AWS must be approved by the Senior Approver (or 

designee), and the Union will be informed of those restrictions prior to their 

implementation. 

3. Supervisors retain authority over assigning overtime and for temporarily restricting AWS 

eligibility for individual employees as required by mission requirements or abuse of 

AWS privileges.

4. An employee may elect to work a flexible daily schedule within the basic work 

requirement of an eight (8) hour day, 40-hour workweek. Such flexitime schedules are 

subject to core hours and approved tour(s) of duty. 

5. The approved tour of duty defines the limits (earliest beginning and latest ending times) 

within which an employee must complete his or her basic work requirement of eight (8) 

hours a day. Flexitime schedules will be made to fit within the approved tour of duty for 

the employee involved. An employee may adjust his or her flexitime schedule on a biweekly basis.

6. Flexible Work Schedules (Flexitime schedules) will be made to accommodate the core 

hour requirement. This can be done by beginning work earlier or departing later in the 

day, provided the basic daily work requirement is accomplished within the approved tour 

of duty. 
74

7. Credit hours earned may be carried over from one pay period to the next. Employees may 

not exceed their biweekly BWR without their supervisor’s prior authorization. 

Authorized time worked in excess of the biweekly BWR will be creditable as 

compensatory time, overtime, or credit hours, as appropriate. Similar to annual leave, 

credit hours are considered earned and available for use after the pay period they are 

worked. A maximum of 24 credit hours can be carried over from one pay period to 

another pay period, including to the following year. 

E. Employee Scheduling Requirements 

1. Within the limits described herein, employees authorized to participate in the AWS may 

vary their starting/ending times and unpaid lunch periods, as well as their hours of work 

(from pay period to pay period) with supervisory approval. 

2. New employees who are eligible to participate in an AWS have one (1) pay period from 

their date of appointment or transfer in which to select from the above listed work 

schedule options. Employees will be placed on the Flexible Work Schedule to facilitate 

alignment with the supervisor or trainer if they do not select a work schedule during the 

first pay period from their date of appointment or transfer, but will be able to elect a 

different work schedule within the first two (2) pay periods from their appointment or 

transfer.

3. An employee may change between types of work schedules (Standard Work Schedule, 

Compressed Work Schedule, or Flexible Work Schedule with Credit Hours) on a 

monthly basis. For those choosing FWS with Credit Hours, employees have the 

opportunity to flex their daily work schedules per pay period, subject to mission and 

supervisory approval. 

4. Employees will communicate their initial schedule selection and any subsequent monthly 

changes to their supervisor and will discuss selections and changes promptly with the 

supervisor or designee. Schedule change requests must be submitted seven (7) business 

days prior to the end of the month. Approved schedule changes will be implemented in 

the first full pay period of the new month. Employees must present their revised work 

schedule and their request for the use of credit hours to their immediate supervisor in 

advance. Normally these requests should be made by close of business (COB) Monday 

of the preceding pay period. These requests should normally be approved or disapproved 

by COB the following Wednesday. Absent approval, the employee shall remain on the 

prior work schedule. However, supervisors may approve requests at any time as long as 

employees can fulfill their BWR by the end of the pay period. In making their requests, 

employees are responsible for ensuring that mission demands of their jobs will not be 

negatively affected by their absence. In granting approval for credit hours taken, the 

Agency must ensure that there will be adequate employee and supervisory coverage to 

meet operational demands. 

5. Due to payroll and regulatory requirements, employees moving from a FWS to a CWS or 

Standard Work Schedule cannot retain credit hour balances. Any employee who moves 

from the FWS to the CWS or Standard Work Schedule must, to the maximum extent 
75

practicable, work with his or her supervisor to ensure that any unused credit hours are 

scheduled and used prior to the change in work schedules. The parties agree that this 

facilitates a work/personal life balance, minimizes Agency costs, and accommodates 

payroll system limitations. Regular schedule changes between CWS or Standard Work 

Schedule and FWS resulting in payouts of accrued credit hours will be deemed just cause 

for removal from AWS coverage. 

F. Flexible Work Schedules and the Use of Credit Hours 

1. Employees selecting the FWS with credit hours option must fulfill an eight (8)-hour daily 

basic work requirement. With supervisory approval, the employee can request to earn up 

to two (2) credit hours per day after fulfilling the basic work requirement. Credit hours 

are not limited only to mission critical or mission essential work, but can also be 

requested and approved to complete more of an employee’s routine daily job 

requirements, assuming such work is available. An employee may vary daily arrival and 

departure times within the following flexible and core time bands: 

i. Morning Arrival Flexible Time Band: 6:00 a.m. to 9:00 a.m. 

ii. Morning Core Hours: 9:00 a.m. to 11:00 a.m. 

iii. Midday Lunch Flexible Time Band: 11:00 a.m. to 1:00 p.m. 

iv. Afternoon Core Hours: 12:30 p.m. to 2:30 p.m. 

v. Afternoon Departure Flexible Time Bands: 2:30 p.m. to 7:00 p.m. 

2. Use of credit hours may be for an entire work day or a portion of a work day as long as 

the BWR will be fulfilled during the pay period and the supervisor approves the request 

in advance. Employees will be offered the opportunity to resolve scheduling conflicts 

among themselves. 

3. Unless an absence has been approved in advance, full-time employees must work at least 

eight (8) hours every day, with a minimum of 1⁄2 hour unpaid lunch break. Any time less 

than eight (8) hours worked must be covered by: (a) approved use of credit hours; (b) 

approved leave; or (c) use of compensatory time off. 

4. Employees may substitute credit hours earned for leave used during that pay period. 

5. If credit hours have been approved to perform mission related work and a 

representational issue arises, the union representative may attend to the representational 

issue while in a credit hour status subject to the approval and release procedures of the 

official time provisions of this Agreement. 

G. Compressed Work Schedule 

1. The Master Labor Agreement authorizes a 5/4-9 and 4/10 types of CWS. Employees on 

the 5/4-9 CWS work eight (8) nine (9)-hour days, one (1) eight (8)-hour day, and have 

one (1) regular day off (RDO) every pay period. Employees on the 4/10 CWS work eight 

(8) 10-hour days and have two (2) RDOs every pay period. 
76

2. Subject to mission coverage, employees may choose and management may approve a 

CWS that begins between 6:00 a.m. and 9:00 a.m. and ends no later than 6:00 p.m. 

3. The supervisor and the employee will establish the employee’s fixed CWS hours of work, 

daily 30-minute unpaid lunch break between 11:00 a.m. and 1:00 p.m., designate the 

employee’s eight (8)-hour work day, and the employee’s RDO. Supervisors will 

accommodate employee preferences to the maximum extent practicable, subject to 

mission requirements. In the event of a conflict of RDO scheduling among employees, 

the employees will be given the opportunity to resolve the conflict themselves. If the 

conflict still exists, such conflict shall be resolved based on the Service Computation 

Date Leave (SCD). Personal hardships may warrant exception based on the 

circumstances. 

4. The eight (8)-hour work day and the RDO may be scheduled on any day of the pay 

period except weekends. The supervisor and the employee may change these days by 

mutual agreement; however, in no circumstance will an eight (8)-hour day be moved 

solely to ensure that a federal holiday will fall on a nine (9)-hour day. 

H. Pay Under AWS

1. Premium Pay: Regular rules will apply for payment to employees who are entitled to 

Holiday or Sunday pay. 

2. Overtime Pay: Time worked at an employee’s request beyond eight (8) hours in a day or 

40 hours in a week is credit hours earned and may be credited towards the BWR. In 

contrast, overtime includes only those hours official ordered and approved in advance by 

Management and is not credited towards the BWR. Regular rules apply in computing 

overtime pay and compensatory time off for overtime hours worked. 

3. Holiday Pay: If a full-time employee is relieved or prevented from working on a day 

designated as a holiday by Federal statute or Executive Order, the employee is entitled to 

basic pay for the number of hours scheduled to work on that day. 

I. AWS Restrictions

1. Employees will normally return to an eight (8)-hour work day during periods of 

temporary duty (TDY). During period of formal training and/or TDY, hours of duty shall 

be determined by the Employer based on the training or TDY schedule. The Employer 

shall normally notify affected employees no less than five (5) work days in advance of 

this requirement. 

2. Supervisors retain the authority and responsibility to restrict AWS usage based on 

mission requirements. In such circumstances, the supervisor or designee will coordinate 

with the employees involved in revising the work schedule. 
77

3. An employee may be removed from AWS coverage to meet mission requirements. In 

such cases, the employee will be notified in advance (ordinarily two (2) weeks) and 

revert back to the standard tour of duty for their respective site. 

J. Resolving Conflicting Requirements 

1. In cases where AWS scheduling conflicts arise, the Agency will resolve the conflict by 

matching individual skills to workload requirements, and by referring to Service 

Computation Date (Leave) if equally qualified. In such circumstances, consideration 

should be given to assigning schedules on a rotating basis. Employees will be offered the 

opportunity to resolve scheduling conflicts among themselves. If establishment or change 

of the day off under AWS would conflict with a previously scheduled leave or vacation 

period of another employee, the person with the scheduled leave or vacation period will 

be given precedence. 

2. Employees on the standard work schedule must take a scheduled 30-minute lunch break 

between 11:00 a.m. and 1:00 p.m., as mutually scheduled with the supervisor. Minor 

unanticipated variations and deviations in an employee’s work schedule will be 

accommodated based on mission requirements. 
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ARTICLE 21

OVERTIME ASSIGNMENTS

SECTION 1. GENERAL

A. Payment for overtime worked or granting compensatory time off, in lieu thereof, shall be in 

accordance with applicable laws and Government-wide regulations. 

SECTION 2. SCHEDULING AND APPROVAL OF OVERTIME

A. Where possible, overtime work shall be scheduled in advance of and approved in writing 

prior to the date on which the overtime is to be worked. Where circumstances preclude 

advanced scheduling, overtime work may be approved orally and the oral approval reduced 

to writing prior to the submission of the Time and Attendance Report. 

B. Overtime may be necessary to support mission needs. When the need for overtime arises, the 

Employer will solicit volunteers from qualified employees. Management has the sole and 

exclusive right to determine who meets the appropriate qualifications for overtime 

assignments. For example, physical requirements, medical restrictions, documented 

performance deficiencies, etc., may be considered in making qualifications determinations. 

SECTION 3: OVERTIME PROCEDURES 

A. The parties agree that where overtime work can be directly identified as requiring specific 

skills or belonging to the job duties of an employee in a specific position, then management 

may direct that the overtime be granted to that specific employee. 

B. If overtime work is available to more than one employee in the same pay plan, series, grade, 

and work area, then overtime may be solicited to those employees as a group. Overtime will 

be solicited first within the smallest work unit possible (e.g., 1st line supervisor’s work area), 

where the overtime work is needed. 

C. During each overtime solicitation, qualified volunteers will be selected for overtime in 

seniority order, with the most senior employee receiving the first offer. 

D. In the event time is limited or an insufficient number of volunteers are available, employees 

may be required to work mandatory overtime as mission needs require. Selection for 

mandatory overtime assignments will be done via inverse seniority of qualified individuals. 

The Employer will give due consideration to an employee’s request to be excused based upon 

an unavoidable personal hardship (e.g., the need to retrieve a child from child care, etc.). 

E. Refusal to work voluntary overtime will not reflect unfavorably on an employee's good 

standing, performance, promotion, loyalty or desirability to the organization. 

F. Overtime assignments shall not be made as a reward or punishment. 
79

G. For those employees who do not have transportation to their home because of required 

overtime for which they had no opportunity to plan, the Employer will provide them an 

opportunity to secure transportation. The Employer will give due consideration to an 

employee’s request to be excused based upon an unavoidable personal hardship (e.g., the 

need to retrieve a child from child care, etc.).

H. For overtime that occurs before or after a shift, employees will be given a fifteen (15) minute 

break for each two-hour increment worked, subject to mission requirements. Where possible 

the break will be given in conjunction with normal shift change/set up meeting. Employees 

will be given a fifteen (15) minute break which includes personal cleanup time prior to the 

end of the regular shift when working overtime. A fifteen (15) minute break will be granted 

for every (2) hours worked thereafter. If an employee works one hour or less beyond the 

regular shift, the employee is not entitled to a break. Employees working a full shift on 

overtime will follow the established break schedule for that shift (see Article 20, Hours of 

Duty). 

I. Overtime procedures not specifically negotiated in this Article will be negotiated at each site.

J. For scheduled overtime, management will attempt to provide the employee sufficient work to 

cover the anticipated number of hours of scheduled overtime. 

SECTION 4. ROSTERS

A. If an employee is detailed to a work unit (for a period of at least 30 days or more), they will 

be transferred to the overtime roster for the 1st line supervisor of their detailed work area, 

and for the duties they are performing. 

B. Rostering procedures not specifically negotiated in this Article will be negotiated at each site. 

SECTION 5. CALL-BACK OVERTIME WORK

A. "Call-back overtime" is defined as irregular or occasional overtime work performed by an 

employee for which he/she is required to return to the place of employment to perform the 

work. 

B. Employees shall be provided advance notice, to the maximum extent possible, of the 

requirement to perform call-back overtime work. 

C. At least 2 hours overtime pay is guaranteed for call-back overtime work. 

D. For those situations where an employee is directed to perform work without returning to the 

place of employment, the employee will be paid for the actual time spent performing work 

consistent with governing laws, regulations, and decisions of the Comptroller General. 
80

SECTION 6. ON CALL OVERTIME

An "on-call condition" is defined as those occasional situations when an employee is notified 

that he/she is subject to call during a specified period of time outside his/her normal tour of duty. 

Overtime shall be approved only for the specified period of the “on call condition” which 

qualifies as "hours of work" as defined by governing laws, regulations, and decisions of the 

Comptroller General. Consistent with governing laws, regulations, and decisions of the 

Comptroller General, employees who are directed to work during the “on-call” condition, even if 

the work is performed outside the work site, will be paid for actual time spent performing the 

work. 

SECTION 7. OVERTIME ABSENTEEISM

If an employee is unexpectedly going to be absent due to either an illness or other emergency, 

then they must contact the appropriate overtime supervisor or the supervisor's designated 

representative within one (1) hour of the start of overtime. Employees who fail to report for their 

scheduled overtime, fail to follow established overtime procedures, or repeatedly call off will be 

temporarily removed from the overtime roster, the timeframe for which is subject to local 

negotiations. 
81

ARTICLE 22

ADMINISTRATIVE LEAVE

SECTION 1. GENERAL 

A. For the purpose of this Article, administrative leave is defined as an excused absence from 

duty without loss of pay and without charge to leave. 

B. Weather and Safety Leave is a form of excused absence used when an employee or group of 

employees is prevented from safely traveling to or performing work at an approved location 

due to–(1) an act of God; (2) a terrorist attack; or (3) another condition that prevents the 

employee or group of employees from safely traveling to or performing work at an approved 

location. 

SECTION 2. REGISTRATION AND VOTING 

Excused absence may be granted to permit an employee to report to work three hours after the 

polls open or leave work three hours before the polls close, whichever is less time away from 

work. 

SECTION 3. WEATHER AND SAFETY LEAVE 

A. The local activity notification system alerts employees for closures due to inclement weather 

or any other emergency condition. Employees are encouraged to maintain up-to-date contact 

information to ensure timely notification. Other notification methods may be developed 

locally to include methods such as a weather status line or public media announcement. 

B. Designated DLA management officials may grant weather and safety leave to employees 

only if they are prevented from safely traveling to or safely performing work at a location 

approved by the agency. 

C. Employees participating in a telework program under applicable agency policies will 

generally not be granted weather and safety leave. 

D. An authorized DLA management official may grant weather and safety leave if an employee 

could not reasonably have anticipated the conditions, and thus was unable to prepare for 

telework or otherwise unable to perform productive work. 

E. Weather and safety leave may not be granted if these conditions could have been reasonably 

anticipated and/or the employee did not take reasonable steps within his or her control to 

prepare to perform telework at the approved site. 

F. Employees designated as emergency employees critical to agency operation are, generally, 

not subject to the granting of weather and safety leave. 
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G. Weather and safety leave will not be granted for hours during which employees are on other 

preapproved leave (paid or unpaid) or paid time off. 

H. DLA will not approve an employee’s request to cancel preapproved leave or paid time off if 

it is determined the request is primarily for the purpose of obtaining weather and safety leave. 

I. The parties agree it is not appropriate for employees to terminate their telework agreements 

for the sole purpose of obtaining weather and safety leave. 

J. Determining appropriate leave depends on employee telework participation, current leave or 

duty status for a full day/shift closure or early dismissal due to inclement weather or any 

other emergency condition developing before, during, or after working hours: 

1. Delayed Arrival: Non-emergency and telework-ready employees who opt to report to the 

duty station based on the delayed arrival time will be granted weather and safety leave for 

the period of delay relative to their normal arrival times. Employees who are scheduled to 

telework and those who elect unscheduled telework are expected to begin telework on 

time, request unscheduled leave, or a combination of both. 

2. Early Departure (Staggered or Immediate): Non-emergency employees at the duty station 

will be dismissed from their offices XX hour(s) early relative to their normal departure 

times or at a designated time and will be granted weather and safety leave for the number 

of hours remaining in their workdays or for the time to commute home, as appropriate. 

All telework-ready employees who reported to the duty station will be granted weather 

and safety leave for their commute home where they will be required to telework or take 

leave for the remainder of their workday. Telework-ready employees at their telework 

site must continue to telework or take unscheduled leave, or a combination of both. 

3. Full day/shift Closure: Emergency employees are expected to remain on duty or report 

for work on time, unless otherwise directed when there is a full day/shift closure. Nonemergency, non-telework participating employees will be granted weather and safety 

leave for the number of hours in their workday. Non-emergency employees (including 

employees on pre-approved paid leave) will generally remain on leave if the office at 

which the employee works is closed. However, if the employee is scheduled to use sick 

leave for a medical appointment and that medical appointment is cancelled, the legal 

basis for the sick leave has been eliminated and the sick leave must be cancelled. In 

addition, if an employee has scheduled annual leave, that leave may be cancelled if the 

employee is ready, willing, and able to telework (telework-ready with a telework 

agreement in place) and agrees to perform telework in lieu of the scheduled leave. Also, 

employees on official travel, on leave without pay, or on an AWS day off remain in that 

status. Telework-ready employees at their telework site must telework the entire 

workday, take appropriate leave or a combination of both. 

4. If the employee was on duty and departed on leave after official word was received but 

before the time set for dismissal, leave is charged only for the time the employee departed 

until the time set for dismissal.
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5. If the employee was scheduled to report for duty after a leave period and dismissal is 

given before the employee can report, leave is charged until the time set for dismissal. 

6. If the employee was absent on approved leave for the entire work-shift, the entire absence 

is charged to appropriate leave (e.g., annual, sick, or LWOP, as applicable). 

7. When a duty station or an assigned site away from the duty station is open, but inclement 

weather or other emergency conditions affecting travel to the duty station, or an assigned 

site away from the duty station, prevents an employee from getting to work on time or 

not at all, the employee may be granted administrative leave on a case-by-case basis, 

provided that the employee presents to the designated management official an acceptable 

explanation and/or documentation related to the emergency. 

8. When an employee is officially authorized to use his/her privately owned vehicle for the 

convenience of the Government and that vehicle breaks down or is otherwise inoperative, 

the employee shall be in a duty status in connection with emergency repairs to the vehicle 

if the breakdown occurs while the employee is in an official travel status. In such 

situations, the employee will, as soon as practicable (within an hour, if possible), provide 

the supervisor with an estimate of the situation and obtain appropriate instructions. 

SECTION 4. VETERANS PARTICIPATING IN MILITARY FUNERAL CEREMONIES 

A. Employees who are veterans may be granted administrative leave not to exceed four 

contiguous hours in any workday to enable them to participate as active pallbearers or as 

members of firing squads or guards of honor in funeral ceremonies for members of the 

Armed Forces of the United States whose remains are returned from abroad for final 

interment in the United States, subject to applicable law and regulation. 

B. Supervisors may also excuse absences up to four hours for veterans, for the purpose of 

participating as active pallbearers or as members of firing squads or guards of honor, in 

funerals of active duty military not covered above or for such participation in funerals of 

veterans. 

C. Upon request and workload permitting, annual leave/leave without pay may be approved in 

conjunction with the administrative leave for the remainder of the workday. 

SECTION 5. BLOOD DONATION 

A. Provided there is a request by local medical authorities (i.e., physician, Red Cross, Blood 

Bank, etc.) and it is approved in advance (workload permitting), employees will be granted 

four (4) contiguous hours of administrative leave in a workday for the purpose of making 

platelet donations and recuperating. Employees are not permitted to accept payment for these 

services while on administrative leave. 

B. Provided that it is approved in advance (workload permitting), employees will be granted 

four (4) contiguous hours of administrative leave in a workday for the purposes of making 

blood donations and recuperating from donating blood. This provision does not apply to 
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employees making blood donations for their own use or who receive compensation for giving 

blood. The requirement for a request by local medical authorities does not apply to whole 

blood donations. 

C. Employees, upon their return to work from donating platelets or blood, must furnish original 

documentation signed by an official of the institution receiving the donation, showing the 

date, time, and place of the donation for verification by the supervisor. The administrative 

time will be entered into the official timekeeping system for that pay period. If an employee 

reports to donate but is rejected as a donor, the employee will report back to work. 

SECTION 6. EMERGENCY RESCUE OR PROTECTIVE WORK 

Employees who are members of the Civil Air Patrol or other similar organizations, whose 

services can be excused, may be granted excused absence for up to three days to participate in 

emergency rescue or protective work during an emergency such as fire, flood, or search 

operations. When an employee has requested and received approval for excused absence in 

excess of one day for such activities, the employee shall provide to the leave-approving official a 

statement signed by a responsible official of the local emergency organization certifying the 

employee's attendance throughout the period of excused absence. This provision does not cover 

employees who respond to emergencies in National Guard/Reserve status.
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ARTICLE 23

LEAVE WITHOUT PAY

SECTION 1. 

A leave of absence without pay (LWOP) may be granted to a BUE who is elected to a position of 

the American Federation of Government Employees, AFL-CIO, for the purpose of serving fulltime in the elected position, or who is selected as an AFGE Union Representative. The Employer 

shall be given as much advance notice as possible but not less than 10 workdays. Any LWOP 

granted or approved in accordance with this Article is subject to appropriate Government-wide 

regulations or other outside authority binding on the Employer. To the extent of its authority, the 

Employer shall place the BUE upon his/her return in the position the BUE left, or one of like 

seniority, status, grade and pay. 

SECTION 2. LEAVE WITHOUT PAY FOR BARGAINING UNIT EMPLOYEE(S) (BUE(S)) 

A. Absences can be charged to LWOP only when the BUE specifically requests LWOP or has 

insufficient annual leave, sick leave or compensatory time available to cover an approved 

absence. LWOP cannot be imposed as a penalty, nor can a BUE be required to apply for 

LWOP in lieu of suspension. It must not be confused with absence without leave (AWOL). 

B. The granting of LWOP is a matter of administrative discretion except as follows: 

1. A disabled veteran must not be denied LWOP if necessary to cover an absence for medical 

treatment. 

2. A Reservist or National Guardsman must not be denied LWOP if necessary to perform 

active military training duties.

 C. Circumstances in which LWOP may be requested include (but are not limited to) the 

following: 

1. Educational purposes when the course of study is in line with the work performed with DLA 

and completion of the course would serve the best interests of DLA. 

2. Temporary service with a non-Federal or private enterprise when it will contribute to the 

public welfare or when experience to be gained will benefit DLA. 

3. For recovery from illness or disability not of a permanent nature. 

4. For protecting a BUE’s status and benefits pending final action by Office of Personnel 

Management on a claim for disability retirement, after all sick and annual leave has been 

exhausted. 

5. For protecting a BUE’s status and benefits pending action by Worker’s Compensation on a 

claim resulting from a work-related illness or injury or during a period the BUE is carried on 

the rolls while he is being compensated by Worker’s Compensation. 

6. To avoid a break in service. 

7. For service with a recognized employee organization. 

8. For use in lieu of annual leave or sick leave. 

9. For Military Reservists who are required to perform weekend drills. 
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ARTICLE 24

ANNUAL LEAVE

SECTION 1. GENERAL PROVISIONS 

A. An employee may use annual leave for vacations, rest and relaxation, and personal business 

or emergencies. An employee has a right to take annual leave, subject to the right of the 

supervisor to schedule the time at which annual leave may be taken. Employees will accrue 

annual leave in accordance with applicable law and appropriate regulation.

 

B. Employees and their supervisors are mutually responsible for planning and scheduling the 

use of employees' annual leave throughout the leave year. Employees should request annual 

leave in a timely manner, and supervisors should provide timely responses to employees' 

requests.

C. By the first business day of the new leave year, supervisors will advise employees to submit 

their projected annual leave plans for the remainder of the leave year. Employees must 

submit their projected requests to their supervisors by January 20th. Scheduling conflicts will 

be resolved in favor of the employee with the most seniority irrespective of grade by service 

computation date (SCD). Supervisors will establish an approved projected leave schedule 

normally by the first business day in February. 

D. Leave requests and associated approvals must be documented. For organizations that use 

projected annual leave plans, the approved leave plan constitutes the required documentation, 

providing the employee maintains an annual leave balance sufficient to cover the projected 

leave. Subsequent requests for unplanned annual leave must be submitted by an employee on 

an OPM Form 71. For organizations that do not use the annual leave plans, employees must 

submit an OPM Form 71 for all instances of leave regardless of whether the leave is 

scheduled or unscheduled. 

E. Annual leave earned in a pay period is not vested and available for use until after the pay 

period ends.

F. The Employer will consider workload in making decisions to approve or deny annual leave 

requests.

G. Although the reasons an employee wants to take scheduled annual leave are normally not the 

concern of the Employer, there may be situations where denial of annual leave would create a 

personal hardship. In those instances, the employee may elect to share the reasons for 

requesting leave and the Employer will consider those reasons in making a decision.

H. Unscheduled Annual Leave

• Annual Leave is normally requested and approved in advance. Employees requesting 

unscheduled annual leave (leave requested with less than a 24 hour notice) will supply 
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the reason for the request (e.g., flat tire, broken water heater). 

• For unscheduled leave requests, normally the employee will contact his/her supervisor 

or the supervisor’s designated representative prior to the beginning of the start of 

his/her shift (preferably 30 minutes or earlier) and request annual leave. Employees 

will be provided the contact information for the supervisor or the supervisor’s 

designated representative. In rare circumstances when the employee is unable to 

contact their supervisor in advance of the start of the shift (e.g., car accident), the 

employee shall contact the supervisor or designee as soon as practicable, but not later 

than one hour after the start of the shift. In the event the supervisor or designee is not 

immediately available to answer the call, the employee will leave a contact number 

where he/she can be reached. The leave is not approved until the supervisor or 

designee notifies the employee. Ordinarily, the employee will receive a call-back from 

his/her supervisor or designee within 30 minutes after receipt of the message. Leave 

forms for approved unscheduled annual leave will be submitted the next business 

day upon return. 

• In addition to these procedures for requesting unscheduled annual leave, supervisors 

may provide additional call-off instructions, e.g., text/email options, contact 

information for supervisor’s designated representative, etc. 

I. Consistent with workload requirements, the Employer shall schedule work so as to approve 

leave requests such that employees may have an annual vacation leave period of at least two 

(2) consecutive weeks. 

J. Leave will be taken in 15-minute increments if less than a full hour is used.

K. The parties recognize that cancellation of approved annual leave can create a hardship for 

employees. If mission considerations require the Employer to cancel previously approved 

leave, the Employer will advise the employee as soon as it becomes known to Management 

of the reasons for the cancellation and indicate when leave can be taken. Special 

consideration will be given to employees who can show proof of non-refundable funds being 

expended prior to notice of the cancellation. Upon request by the Employee, the reasons for 

cancelling leave will be provided in writing. The statement of reasons will indicate specific 

mission requirements that led to the management decision. 

L. "Use or lose" annual leave is the amount of annual leave that is in excess of the employee's 

applicable annual leave ceiling. Any accrued annual leave in excess of the ceiling will be 

forfeited if not used by the final day of the leave year. Forfeited annual leave may be restored 

in accordance with DLAI 1424.01, Leave Administration. 

 

M. Employees have a right to request advanced annual leave. The amount of annual leave that 

may be advanced is limited to the amount of annual leave an employee would accrue in the 

remainder of the leave year. Employees do not have an entitlement to advanced annual 

leave. Because advanced annual leave must be repaid upon separation from Federal service, 

advance annual leave should not be approved when it is known, or reasonably expected, that 
88

the employee will not return to duty. 

N. Rapid Deployment: Because of the nature and potential impact of the deployment cycles of 

Rapid Deployment members on local seniority-based leave scheduling procedures and the 

ability of Rapid Deployment team members to request leave, leave scheduling arrangements 

for Rapid Deployment team members will be administered separate and apart from normal 

local activity leave rosters. 
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ARTICLE 25

SICK LEAVE

SECTION 1. 

Employees will accrue sick leave in accordance with statute and appropriate regulations. Sick 

leave earned in a pay period is not vested and available for use until after the pay period ends. 

Sick leave will be taken in 15-minute increments if less than a full hour is used. Employees must 

submit an OPM Form 71 for all instances of leave regardless of whether the leave is scheduled or 

unscheduled. For unscheduled sick leave, employees will submit the OPM Form 71 the next 

business day upon their return. Sick leave is an employee benefit to be used when an employee: 

A. Receives medical, dental, or optical examination or treatment;

B. Is unable to work/incapacitated for his or her duties due to physical or mental illness, injury, 

pregnancy, or childbirth; 

C. Provides care for a family member who is incapacitated by a medical or mental condition or 

attends to a family member receiving medical, dental or optical examination or treatment; or 

provides care for a family member with a serious health condition; 

D. Makes arrangements necessitated by the death of a family member or attends the funeral of a 

family member;

E. Would, as determined by the health authorities having jurisdiction or by a health care 

provider, jeopardize the health of others by his or her presence because of exposure to a 

communicable disease; 

F. Must be absent from work for adoption related activities. 

SECTION 2. 

When possible, sick leave will be scheduled in advance of its use. When advance planning is not 

possible, the employee should, if possible, contact his/her supervisor or the supervisor's 

designated representative prior to the beginning of the shift but not later than one (1) hour after 

the beginning of the shift and request sick leave. Employees will be provided the contact 

information for the supervisor or the supervisor’s designated representative. In the event the 

supervisor or designee is not immediately available to answer the call, the employee will leave a 

contact number where he/she can be reached. The leave is not approved until the supervisor or 

designee notifies the employee. Ordinarily, the employee will receive a call-back from his/her 

supervisor or designee within 30 minutes after receipt of the message. Leave forms for approved 

unscheduled sick leave will be submitted the next business day upon return. In addition to these 

procedures for requesting unscheduled sick leave, supervisors may provide additional call-off 

instructions, e.g., text/email options, contact information for the supervisor’s designated 

representative, etc. 
90

Employees must provide sufficient information in order for the supervisor to determine the 

appropriate sick leave category (as identified in Section 1). When the requested sick leave will 

last three (3) or fewer workdays, the employee may advise the supervisor of the anticipated 

duration of the absence. Daily calls during that time are not required. In extreme circumstances 

where the employee is actually unable to personally make the contact, another individual (e.g., 

spouse) may contact the employee’s supervisor. In the case of hearing impaired, use of email or 

Relay Service may be used to communicate requests for sick leave.

SECTION 3. 

Employees may be required to produce administratively acceptable evidence to support a request 

for sick leave at any time. The employee’s self-certification is normally acceptable for absences 

of three days or fewer. The employee’s self-certification may be considered administratively 

acceptable for sick leave requests or the Employer may request a health care certification to 

support the sick leave request. Supervisors requesting medical certification for absences of 

three days or fewer should be able to state the reason for the request. All medical certifications 

must be provided no later than 15 calendar days after the date such medical certification is 

requested. If it is not practicable under the particular circumstances to provide the requested 

evidence within 15 calendar days after the date requested despite the employee’s diligent, good 

faith efforts, the employee must provide the evidence or medical certification within a reasonable 

period of time under the circumstances involved but not later than 30 calendar days after the date 

such documentation is requested. An employee who does not provide the required evidence or 

medical certification within the specified period of time is not entitled to sick leave. When 

exercising its right to issue leave restriction letters, the Employer will consider the relevant 

circumstances. 

Examples of potential leave misuse include: 

A. Absence after paydays. 

B. Sick leave before or after holidays.

C. Sick leave in connection with non-workdays 

D. Absences during heavy workloads or undesirable duties. 

E. Intermittent sick leave use of short duration with vague excuses. 

F. Sick leave being used as soon as it is accrued. 

G. The employee claims illness on the day that annual leave or LWOP has been previously 

denied. 

Examples of situations that, in and of themselves, and absent a pattern or indication of abuse are 

not sufficient reasons for considering an employee a leave abuser: 

A. A low sick leave balance. 

B. The employee requests sick leave on a day adjoining a non-workday, when there is no 

pattern of using leave on such days. 

C. An employee’s serious illness exhausts earned sick leave. 

D. Previously approved scheduled leave (For example – recurring scheduled appointments 

for treatments of medical conditions). 
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E. Approved sick leave (scheduled or unscheduled) for which the employee has provided 

administratively acceptable evidence to support the request. 

When the Employer suspects an employee is misusing sick leave, the employee may be 

counseled or disciplined as a result of the misconduct. If the supervisor determines that the 

employee is misusing leave, the employee will be advised in writing that all future requests for 

leave due to claimed illness or medical appointments must be supported by a medical certificate. 

The requirement for a medical certificate will be rescinded in writing at such time as 

improvement in the employee’s sick leave record warrants. These letters shall not be retained 

more than 12 months, unless the employee has been notified in writing that the requirement to 

produce the medical certificate is being continued. 

Health care practitioner’s certificates must be on the medical practitioner’s letterhead and be 

signed and dated by an appropriate medical practitioner. It must state when the employee was 

seen and whether or not the employee was incapacitated for duty. It must also provide the date 

when the employee is expected to return to work to be acceptable. When an employee’s health 

care practitioner is contacted by non-medical personnel of the Employer, any requested 

information will be restricted to determining the authenticity of the medical certificate and not 

the medical history of the employee. 

SECTION 4.

Time spent by employees in obtaining job related medical examination or treatment at the 

appropriate health unit shall be in duty status. 

SECTION 5. 

The Employer may advance a maximum of 30 days (240 hours) of sick leave to a full-time 

employee at the beginning of a leave year or at any time thereafter when required by the 

exigencies of the situation for a serious disability or ailment of the employee or a family member 

or for purposes relating to the adoption of a child. Thirty days is the maximum amount of 

advance sick leave an employee may have to his or her credit at any one time. For a part-time 

employee (or an employee on an uncommon tour of duty), the maximum amount of sick leave an 

agency may advance must be prorated according to the number of hours in the employee’s 

regularly scheduled administrative workweek Employees currently under the requirements of a 

leave restriction letter will not be advanced sick leave. Because advanced sick leave must be 

repaid upon separation from Federal service, advance sick leave should not be approved when it 

is known, or reasonably expected that the employee will not return to duty. 

If advanced sick leave is denied, the Employer will provide the reasons for denial to the 

employee in writing. 

SECTION 6. 

Employees are responsible for managing their own leave balances. An employee with a low sick 

leave balance should specify what leave category should be charged when their sick leave 
92

balance is exhausted. If requested at the time the employee calls in sick an absence which would 

otherwise be chargeable to sick leave may be charged to annual leave provided that the employee 

has sufficient annual leave available. 

SECTION 7. 

If an employee absent due to illness is charged AWOL and provides administratively acceptable 

evidence of the illness, the time will be changed to the appropriate approved leave category. Such 

evidence must be submitted with 15 calendar days. This provision does not preclude possible 

disciplinary action for employees who fail to request leave in accordance with established 

procedures. 

SECTION 8. 

Consistent with 5 C.F.R. § 630.401, and the terms of this Article, the Employer must grant the 

Employee sick leave for: 

A. FAMILY CARE OR BEREAVEMENT PURPOSES

Most employees may use a total of up to 104 hours (13 workdays) of sick leave each leave 

year to: 

• provide care for a family member who is incapacitated by a medical or mental condition 

or attends to a family member receiving medical, dental or optical examination or 

treatment; or

• make arrangements necessitated by the death of a family member or attend the funeral of 

a family member. 

For part-time or an employee with an uncommon tour of duty the amount of sick leave 

available is the number of hours of sick leave he/she normally accrues during a leave year. 

"Family member" for this section is defined in 5 C.F.R. § 630.201(b), as amended. 

Information on this can be found on the DLA Human Resources Web Site at: 

www.hr.dla.mil. 

B. ADOPTION 

Employees are permitted to use sick leave for purposes related to the adoption of a child. 

Employees may use sick leave for appointments with adoption agencies, social workers, and 

attorneys; court proceedings; required travel; and any other activities necessary to allow the 

adoption to proceed. 
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SECTION 9. 

Employees who call in to request sick leave due to illness but do not have sufficient accrued leave 

(sick or annual) to cover such requests for leave due to illness may be required to provide 

appropriate medical documentation upon return to duty verifying that they were incapacitated. 

Leave Without Pay (unless advance annual or sick leave is requested and approved) may be 

granted if the employee provides the appropriate medical documentation within 15 calendar 

days. Otherwise, such absence may be charged as AWOL. 

SECTION 10

Employees undergoing a prescribed program of treatment under the Employee Assistance 

Program (EAP) will be granted accrued or advance sick leave on the same basis as any other 

illness when absence from work is necessary. Employees may also request leave without pay. 
94

ARTICLE 26

FAMILY AND MEDICAL LEAVE ACT (FMLA) AND BONE MARROW/ORGAN 

DONATION LEAVE

SECTION 1. FMLA ENTITLEMENT

Under the Family and Medical Leave Act of 1993 (FMLA), most Federal employees are entitled 

to a total of up to 12 workweeks of unpaid leave during any 12-month period for the following 

purposes: 

• the birth of a son or daughter of the employee and the care of such son or daughter; 

• the placement of a son or daughter with the employee for adoption or foster care; 

• the care of spouse, son, daughter, or parent of the employee who has a serious health 

condition; or 

• a serious health condition of the employee that makes the employee unable to perform the 

essential functions of his or her positions. 

Under certain conditions, an employee may use the 12 weeks of FMLA leave intermittently. 

Employees calling to request the use of intermittent FMLA must specify this when making the 

leave request and/or submitting an OPM Form 71 (or the automated system, as determined by the 

Agency). An employee may elect, but is not required, to substitute annual leave and/or sick 

leave, consistent with current laws and OPM's regulations for using annual and sick leave, for 

any unpaid leave under the FMLA. The amount of sick leave that may be used to care for a 

family member is limited. FMLA leave is in addition to other paid time off available to an 

employee. Employees may only use FMLA leave for the purposes specified in their approved 

application to use FMLA. 

SECTION 2. FMLA JOB BENEFITS AND PROTECTION

• Upon return from FMLA leave, an employee must be returned to the same position or to 

an "equivalent position with equivalent benefits, pay, status, and other terms and 

conditions of employment." 

• An employee who takes FMLA leave is entitled to maintain health benefits coverage. An 

employee on unpaid FMLA leave may pay the employee share of the premiums on a 

current basis or pay upon return to work. 

SECTION 3. FMLA ADVANCE NOTICE AND MEDICAL CERTIFICATION 

• An employee must provide written notice of his or her intent to take family and medical 

leave not less than 30 days before leave is to begin or, in emergencies, as soon as is 

practicable.

• Within three (3) work days, the Employer will approve or disapprove FMLA leave 

requests or ask for additional medical certification. If disapproved, the rationale for the 

decision will be provided. Decisions and requests for medical certification will be in 

writing.
95

• The Employer may request medical certification in accordance with 5 C.F.R. § 630.1207 

(Medical Certification) for FMLA leave taken to care for an employee's spouse, son, 

daughter, or parent who has a serious health condition or for the serious health condition 

of the employee. The Employer will safeguard the privacy of such data. In general, 

medical information must be sufficient to show that the employee or family member is 

seriously ill, the date the illness began and the expected duration of the illness, the need 

for care by the employee in cases of family care, and whether the employee or family 

member is incapacitated. In addition, the request for leave must include a statement that 

the employee will be providing care to the family member.

SECTION 4. PAID PARENTAL LEAVE

• Paid Parental Leave (PPL) is a form of FMLA leave that took effect October 1, 2020, 

which provides 12 weeks of paid leave to federal employees covered by FMLA in 

connection with the birth, adoption, or foster placement of a child. PPL is in addition to 

regular annual and sick leave. Employees are not required to deplete their annual or sick 

leave before using PPL. 

• Paid Parental Leave (PPL) is an entitlement and as such, if all of the eligibility 

requirements are met, and employee’s invocation of continuous PPL (taken in a 12-week 

block) cannot be denied. However, intermittent use of PPL may be denied based on 

mission essential requirements, but we encourage approval of requests for intermittent 

PPL to the extent practicable. It is important for employees to schedule PPL in advance 

while remaining flexible with their intermittent or reduced work schedule in 

consideration of agency needs. 

• DLA will implement the PPL provisions of FMLA in accordance with Office of 

Personnel Management and Department of Defense regulations, as reflected in the DLA 

Directive Type Memorandum (DTM) 20-018, Paid Parental Leave (PPL), dated 

September 28, 2020. 

• To be eligible for PPL, employees must have 12 months of federal service and serve in a 

parental role, i.e., in the home bonding with the child. 

• If both parents are federal employees, they are each entitled to 12 weeks of PPL. 

• PPL expires 12 months after the date of birth or placement and may only be used after the 

birth or placement. If an employee or family member was hospitalized prior to a birth, 

he/she would need to use annual leave, sick leave, leave without pay, or other approved 

absence (e.g., credit hours or compensatory time). However, PPL is a substitute for 

FMLA unpaid leave so any prior use of FMLA leave for medical purposes in the 

previous 12-months limits the amount of PPL leave available to the employee).

• PPL may be taken intermittently, but employees should provide a plan or schedule of 

anticipated use of intermittent leave to their supervisor for approval. 
96

• Prior to substituting PPL, an employee must request, in writing, their intention to use PPL 

and agree to subsequently work for DoD for at least 12 weeks. The PPL request form 

and service agreement are included in the DLA policy issuance on PPL, available on the 

DLA issuances website.

• Employees must provide administratively acceptable documentation, in accordance with 

the applicable regulations, showing the use of PPL is directly connected with a birth or 

adoption/foster placement that has occurred. 

• If the employee fails to complete the 12-week work obligation following use of PPL, 

he/she must make a reimbursement equal to the total amount of any agency contributions 

paid on behalf of the employee to maintain the employee’s health insurance coverage 

during the period(s) when PPL was used. Waivers for special situations may be 

considered. 

SECTION 5. LEAVE TO SERVE AS A BONE-MARROW OR ORGAN DONOR 

Employees are entitled to up to seven (7) days of paid leave each calendar year to serve as a 

bone-marrow donor. Employees are also entitled to up to 30 days of leave to serve as an organ 

donor. Leave for bone marrow and organ donation is not sick or annual leave. It is a new 

category of leave that is in addition to annual and sick leave. 
97

ARTICLE 27

COURT LEAVE

SECTION 1. AUTHORIZED LEAVE

In accordance with applicable law and regulations, an employee will be authorized absence from 

work status without charge to leave or loss of pay, to which the employee is otherwise entitled, 

when the employee serves as either: 1) a juror; or 2) a witness on behalf of any party when the 

Federal, State, DC or Local Government is a party to the judicial proceeding. Such employee shall 

be paid at his/her established rate of pay (including applicable premiums). If an employee is on 

approved leave/credit hours when called for jury/witness service, court leave shall be substituted.

SECTION 2. USE OF COURT LEAVE

A. When an employee is summoned for jury/witness service, s/he shall notify his/her supervisor as 

soon as possible. Upon return to duty, the employee will present to the employer written 

evidence of time served as soon as possible, but within the current pay period if possible.

B. An employee working day shifts who is required to perform service as a juror or witness as 

described in Section 1 above during his/her regularly scheduled work hours shall be granted 

court leave for those hours. An employee working night or an irregular shift (irregular tours of 

duty will be converted to Monday through Friday) that is required to perform service as a juror 

or witness during the day shall be granted court leave for his/her regularly scheduled work 

hours as necessary to allow sufficient rest between release from or report for his/her regularly 

scheduled shift and service as a juror or witness. 

 

C. When an employee is excused or released from jury/witness service, s/he may be expected to 

return to duty provided there are at least two (2) hours remaining in his/her scheduled work 

period, excluding travel time; i.e., after the employee would arrive at the work site, and 

provided the return to work imposes no hardship on the employee. In determining whether the 

employee should return to work, the supervisor shall consider such factors as the type of 

transportation available, the distance involved, travel time, and any other pertinent factors. 

Additionally, no employee shall be required to perform a combination of work and court leave 

greater than his/her (i) regularly scheduled work hours in any 24 hour period, or (ii) regularly 

scheduled work days in a pay period, unless overtime is properly assigned per the provisions of 

the appropriate local agreement. If it is reasonably determined that the employee should return 

to work, the employee may request and be granted annual leave/credit hours rather than return 

to work. Such annual leave/credit hours will be approved in the absence of significant 

workload considerations.
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ARTICLE 28

OFFICIAL TRAVEL

SECTION 1. GENERAL

A. This Article is applicable to all official travel performed by the bargaining unit represented 

by the Union. 

B. The Agency and Council 169 agree that an employee who is authorized official travel shall 

exercise the same care in the incurrence of expenses and accomplishing a mission that a 

prudent person would use if traveling on personal business. In this connection, excess costs, 

circuitous routes, delays, or luxury accommodations, which are unnecessary or unjustified in 

the performance of a mission, are not considered acceptable as the application of prudence by 

the employee.

C. Payment of per diem or actual expense allowances (including additional expenses incurred 

by disabled employees who are required to travel), as well as travel or transportation 

expenses, shall be in accordance with the provisions of the Department of Defense Civilian 

Personnel Joint Travel Regulations (JTR). 

D. All travel authorizations will be processed using the approved DoD travel system.

E. All transportation (air/rail/rental car) will be procured using the Individual Government 

Issued Charge Card (GTCC) unless traveler is prohibited from having an account. 

F. All lodging will be procured using the DoD Travel System and/or Travel Management Office 

“Assist”.

G. Employees are required to use preferred lodging as designated in the DoD travel system.

H. The Employer will provide training to employees on the use of the Defense Travel System and 

technical assistance as needed. 

SECTION 2. TRAVEL AUTHORIZATIONS

A. As determined by the Agency policy and the approving official, temporary duty (TDY) travel 

orders shall be issued in sufficient time prior to the departure on TDY so as to permit the 

employee to make orderly arrangements for obtaining transportation requests and authorized 

advance for travel expenses.

B. The TDY travel orders may authorize an advance of funds to the employees without an 

Individual Billing Account (IBA) for travel and transportation expenses authorized by the 

JTR. 

C. Prior to local travel, a determination will be made by the supervisor on the use of a privately 

owned vehicle (POV) by the employee. POV use has to be more advantageous to the 

Government or for the convenience of the Government. 
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SECTION 3. SCHEDULING TDY TRAVEL

To the maximum extent possible, travel shall be scheduled so that the employee shall perform 

travel during his/her regularly scheduled work hours. Should this not be possible and the 

resultant travel meets the criteria of 5 U.S.C. § 5542 or the Fair Labor Standards Act (as 

appropriate), the employee shall be compensated accordingly. 

SECTION 4. TEMPORARY DUTY ASSIGNMENTS 

When the TDY assignment requires the employee to be away from his/her permanent duty 

station for more than 30 days and the assignment does not require the employee to remain at the 

place of TDY on non-workdays: 

A. The approving official may direct, in the TDY orders, that the employee return to his/her 

permanent duty station for the non-workdays provided that the cost to the Government for 

round trip transportation and per diem or actual expense allowance is less than the per diem 

or actual expense allowance that would have been payable had the employee remained at 

the place of TDY and the employee's availability for duty on the scheduled TDY 

workdays is not affected adversely. 

B. The employee may voluntarily return to his/her permanent duty station provided that his/her 

availability for duty on the scheduled TDY workdays is not affected adversely. In the 

instances of voluntary return, the maximum reimbursement to the employee for the round trip 

shall not exceed the per diem or actual expense allowance to which the employee would have 

been entitled had he/she remained at the place of TDY.

C. Employees may be authorized annual leave, when they return from TDY, if they arrive after 

midnight prior to the next consecutive scheduled duty day. 

SECTION 5. TRAVEL VOUCHERS 

Upon completion of official travel, the employee shall submit vouchers for reimbursement 

through the DoD Travel System in accordance with timeframes established by DoD regulations 

and Agency policies. In the event the authorizing official is not available to act on a travel 

voucher within a reasonable amount of time, the Agency may designate another official to 

review and act on the voucher. 

SECTION 6. GOVERNMENT TRAVEL CHARGE CARD (GTCC)

A. The Travel and Transportation Reform Act of 1998, “TTRA” (Public Law 105-264) imposes 

the requirement that official travel will be charged on the GTCC. The Agency will publish 

information on its web page that explains the purpose of the travel card, its proper uses and 

answers common questions about using the card. Employees will not be required to use 

their personal credit cards or advance their personal funds for Government business. 

B. Employees will be responsible for paying all travel card charges not covered by the 
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Government’s remittance to the card issuer under the split disbursement process. 

 

C. In the event an employee’s account becomes 45 days delinquent, the GTCC issuing agency 

will contact the employee advising them to contact the Agency Program Coordinator (APC) 

within their organization to address the urgent matter regarding their payment of their GTCC. 

Written notices or emails will provide the name and phone number of the APC or other 

official the employee should contact to discuss the matter.

D. Cardholders needing additional amounts of credit for valid government travel will be advised 

to contact the APC or designee for assistance in obtaining the increased amount of credit. 

E. Employees will not be required to waive any legal rights under the Privacy Act or to disclose 

any personal information to any third party vendor or contractor, or the vendor’s agents or 

attorneys except as required by applicable law, rule, or regulation. An employee cannot be 

issued a GTCC if they do not provide all the required information on the application. 
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ARTICLE 29

WORKFORCE RESHAPING

SECTION 1. GENERAL 

A. The Agency agrees to comply with applicable Government, DOD, and DLA rules and 

regulations, and the provisions of this Article, when conducting Reassignments, Details, 

Reorganizations, Reductions-In-Force (RIF), and Transfers of Function. 

B. The Agency shall provide the appropriate Council 169 Local or National Council with not 

less than 30 calendar days’ notice prior to effecting a reorganization, reduction in force, or 

transfer of function. 

C. Seniority tie-breakers (Reassignments and Details) will utilize the following method: 

1. Service Comp Date (Annual Leave); if same SCD then utilize (2). 

2. Month and day of the birthday (not year) using the Julian Date, in ascending order. 

SECTION 2. DEFINITIONS 

A. Reassignment: Any change of an employee from one position to another without demotion 

or promotion within the Agency. 

B. Detail: Any temporary assignment of an employee without change of Civil Service status or 

pay to a different position, other than his/her official position, for a specified period of time, 

with the employee returning to his/her regular duties at the end of the detail. 

C. Reorganization: A planned elimination, addition or redistribution of significant functions or 

duties in an organization and/or organizational unit. 

D. Reduction-in-force: Occurs when the Agency releases an employee from his/her competitive 

level by separation, demotion, furlough for more than 30 days, or reassignment requiring 

displacement because of lack of work or funds, reorganization, change to lower grade based 

on reclassification of an employee's position due to erosion of duties when such action will 

take place after the Agency has formally announced a reduction-in-force in the employee's 

competitive area and when the reduction-in-force will take effect within 180 days, or when 

the need to make a place for a person exercising reemployment rights requires the Agency to 

release the employee.

E. Transfer of function: The transfer of the performance of a continuing function from one 

competitive area and its addition to one or more other competitive areas, except when the 

function involved is virtually identical to functions already being performed in the other 

competitive area(s) affected, or the movement of the competitive area in which the function 

is performed to another commuting area. 
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F. Commuting area: The area within which registrants can be reasonably expect to commute 

daily between their permanent residence and duty station, as determined by the registering 

activity. 

SECTION 3. REASSIGNMENTS 

A. Voluntary Reassignments: The Agency has the right to select employees for reassignment. In 

exercising this right, the Agency may ask for volunteers, post a vacancy announcement, 

direct a reassignment, or use other means of identifying candidates, should the Agency elect 

to solicit volunteers, the Agency has the right to (1) determine the area(s) from which 

volunteers will be sought and how many volunteers are required, (2) determine the 

knowledge, skills, abilities and other characteristics required for the position(s), and (3) 

assess the qualifications of the volunteers. 

B. Management Directed Reassignment: An Employee will be advised as soon as practical 

regarding a directed reassignment. Normally, an employee will be advised in writing at least 

15 calendar days prior to an Employer directed reassignment. The Employer will provide 

necessary training for the new position, as determined by the Agency.

C. Reassignments will not be used as a reward or punishment.

D. The Employer will consider a request for reassignment, or not to be reassigned, based upon 

an employee’s personal hardship. These reasons will be discussed with the employee before 

the supervisor makes a final decision. To the extent the meeting is a formal discussion under 

the Statute, the Union shall be given the opportunity to be present at meetings that involve 

consideration of a request for reassignment due to personal hardship presented by an 

employee. A copy of a hardship decision will be provided to the Union upon request.

1. Employees should make every attempt to provide advance notification of their 

Hardship Request, including any available supporting documentation. 

2. Upon receipt of Hardship Request, the Employer will normally respond within 5 

working days with a decision. 

E. If a known likely RIF situation exists, employee will not be reassigned to positions that the 

Employer knows will adversely or positively affect their RIF placement rights. 

SECTION 4. DETAILS 

A. For any detail over 30 days, the Agency shall file a copy of the Request for Personnel Action 

(SF-52), including a written statement of duties and responsibilities, as a permanent part of 

the employee's Electronic Official Personnel Folder (EOPF). 

B. In addition to helping meet mission needs, details are a way of broadening experience and 

demonstrating ability to perform at a higher level. Employee with disabilities who are serving 
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under excepted appointments may be considered for details. The Employer will provide 

necessary training as determined by the Agency. 

C. An official record shall be made by the Employer of any detail of more than 30 calendar days. 

The Employer shall file a copy of the Request for Personnel Action, including a written 

statement of duties and responsibilities, as a permanent part of the employee’s Electronic 

Official Personnel Folder (EOPF). Upon request, an employee may have a detail of fewer than 

31 days but greater than 14 calendar days made a matter of record in his/her EOPF. 

D. Details will be used judiciously and will be terminated as soon as the Employer determines the 

need for the detail no longer exists. Nothing in this agreement will preclude the Employer 

from assigning work, as needed, to meet mission requirements. When an employee is to be 

detailed to a higher graded position for more than 45 calendar days, he/she shall be temporarily 

promoted and paid at the higher rate. 

E. The Employer will not repeatedly detail an employee for 45 calendar days or less solely to 

avoid temporarily promoting employee performing higher graded duties. 

F. Employees will be given as much advance notice as practicable for details. 

G. The following procedures shall be used for details expected to last 30 or more calendar days. 

Supervisors shall list their employees in descending seniority order using Service 

Computation Date (SCD)-Leave. Supervisors will solicit volunteers from among available 

employees with the requisite skills and qualifications before involuntary selection.

1. If there are more volunteers than needed for the detail, the supervisor will select the most 

senior volunteer(s) to meet the requirement.

2. If there are fewer volunteers than needed for the detail, the supervisor will accept any 

volunteers then select the least senior employee(s).

H. The Employer shall establish rosters available to the Union to implement the requirements of 

this Article.

I. Exceptions to this procedure may be made in situations that require immediate response to 

satisfy mission requirements.

J. The Employer recognizes the need to afford employees the opportunity to develop additional 

skills when there are recurring needs for those skills. There may be opportunities to develop 

skills through the use of details when there are recurring needs for those skills. However, 

skills development is not the primary purpose of details. 
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SECTION 5. REORGANIZATIONS 

A. For reorganizations that change working conditions (e.g., substantive changes to position 

descriptions, reassignments of bargaining unit employees to different positions, and physical 

relocation of employees), the Employer shall provide the union with at least 30 calendar 

days’ notice prior to effecting the reorganization. To the extent bargaining obligations must 

be satisfied, bargaining authority may be delegated by DLA Headquarters and Council 169. 

Notification will include the final organization structure (“wiring diagram”), the numbers, 

job titles and grades of positions involved, and a DCPDS listing of current Employee (as of 

the date the list is generated) in the affected organizations. The listing will include names, 

pay plan, series, grade, title, and organization code. Subsequent to notification, the Council 

169/designee will be advised if there are changes to the proposed new organizations or 

positions, but minor changes will not necessitate a new 30 day notice period. If a 

reorganization requires the application of adverse action, reduction-in-force, or transfer of 

function procedures, the notice period specified in the appropriate Section shall apply. 

B. Because Employees who are detailed are still assigned to their positions of record, such 

assignments have no effect on retention standing or placement rights and may be processed at 

any time during a reorganization. However, if the Employer determines that it will reassign 

Employees out of an organization that will be directly affected by an announced 

reorganization, the Employer agrees to notify the appropriate Council 169/designee local 

prior to effecting the reassignment. In the event a reorganization leads to use of RIF 

procedures, placement actions will be based upon an Employee’s position and organization 

of record. 

C. In the event any shift realignment is necessary and changes conditions of employment due to 

a reorganization, the union will be provided advance notice consistent with Section 5.A.

SECTION 6. REDUCTION IN FORCE 

A. The Agency and Council 169 share a mutual interest in assisting employees who are 

adversely affected by RIF. 

B. The Agency will support employee job search efforts and may approve employee use of 

annual leave for this purpose unless work requirements do not permit the employee’s release. 

C. To the extent practicable, the Agency will provide job education and re-training programs 

such as resume counseling, lectures, professional conferences, and workshops, etc., during 

duty hours. The Agency will give consideration to reasonable amounts of duty time for 

resume preparation, job interviews, etc. The Agency may contact appropriate state 

employment service for job placement and re-training services. The amounts of such time 

and the procedures for using it will be negotiated at the either at the local level or national 

level depending on the bargaining unit employees impacted by the RIF. 

D. When the Agency becomes aware of the possible necessity to conduct a reduction-in force, it 

will attempt to minimize the adverse effect on bargaining unit employees through such 
105

means as reassignments, attrition, voluntary separation incentive payments (VSIP), early 

retirement (VERA), use of vacant positions for placement and other positive placement 

efforts. 

E. The Agency will notify the Union of any pending RIF 30 days prior to the notification to the 

affected employees unless a shorter notice period has been authorized by OPM. The notice 

will be in writing and include the reasons for the RIF, the types and estimated number of 

positions to be abolished, and the proposed effective date. Additional bargaining on 

procedures or appropriate arrangements may only be conducted at the approval of DLA 

Headquarters and Council 169. 

F. Affected employees will be notified not less than 60 calendar days prior to the effective date. 

To the extent practicable, RIF notices will be delivered in person. The notice shall state 

specifically what action is being taken, the effective date of the action, the employee's total 

credit for retention, extra retention credit for performance, the competitive level, and 

competitive area. It shall state why any lower standing employee is retained in his/her 

competitive level. 

G. The Agency shall make a best offer of employment to each employee adversely affected by 

the reduction-in-force. An offer, if made, shall be to a position with either no reduction in 

grade or pay, or with the least reduction possible in consideration of positions available, 

employee qualifications, and the retention standing of other competing employees. 

H. Employees shall respond to an offer of employment in another position in writing within 10 

calendar days after receipt of a written offer. Failure to respond within the specified time 

period shall be considered a rejection of the offer. 

I. Affected employees have the right to review competitive levels and retention registers as 

applicable to the employee. 

J. The Agency will make reasonable efforts to find employment in other Federal agencies 

within the commuting area for employees who are identified for separation through 

reduction-in-force. Employees for whom no positions are found may be counseled on the 

benefits to which they may be entitled, including information concerning discontinued 

service retirement, where applicable. Reemployment lists as prescribed by OPM shall be 

established for employees who cannot be retained. 

K. The competitive areas will be established in accordance with applicable laws, rules, and 

regulations. Descriptions of competitive areas must be established 90 days before the 

effective date of a RIF. 

L. In connection with a RIF and where applicable, the Agency agrees to pay relocation expenses 

as provided by appropriate regulations. 

M. Local commuting area means “the geographic area that usually constitutes one area for 
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employment purposes. It includes any population center (or two or more neighboring ones) 

and the surrounding localities in which people live and can reasonably be expected to travel 

back and forth daily to their usual employment.” 

SECTION 7. TRANSFERS OF FUNCTION PROCEDURES 

In transfers of function within DLA: 

A. The Employer will provide notification to the appropriate Council 169 Local(s) not less than 

60 calendar days prior to the effective date of any approved transfer of function. The Local(s) 

may waive this notification period. 

B. Transfers of function within commuting areas will require a minimum notice (not necessarily 

in writing) of 14 calendar days. 

C. Where Employees are being relocated to a different commuting area, the losing Employer will: 

1. Provide the appropriate Council 169 Local(s) with the maximum notice possible but not 

less than 60 calendar days’ notice prior to the effective date of any approved transfer of 

function in order to negotiate the impact and procedures for the implementation of the 

transfer of function. 

2. Assist and counsel the affected Employees in seeking placement opportunities with other 

Federal agencies elsewhere in the commuting area. 

3. Counsel the Employees on individual rights relating to retirement and severance pay and 

placement potential. 

4. Give any Employees affected by a transfer of function outside the commuting area, causing 

physical move, not less than 60 calendar days’ notice in writing of the transfer of function 

which provides for at least 30 calendar days for the Employee (BUE) to respond as to 

whether he/she is willing to accompany the function. 

5. The Employer will provide affected Employees with 30 calendar days to respond to a 

specific job offer. 

6. When the Employer becomes aware that a transfer of function may result in Employees 

being separated, it will attempt to minimize the adverse effect on bargaining unit employee 

through appropriate means such as reassignment, voluntary separation incentive payments 

(VSIP), early retirement (VERA), attrition, use of vacant positions for placement, filling 

positions at the full performance level, waiver or modification of qualification 

requirements, and positive placement efforts. The Employer will contact and aid the 

appropriate state employment service concerning all affected Employees for job placement 

and re-training services. 
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DOCUMENTATION 

Following notification of a transfer of function, the Employer shall furnish the Council 169 

Local, upon request, any relevant and available documentation or information concerning the 

transfer of function, subject to any Privacy Act limitations. 

SECTION 8. EMERGENCY FURLOUGHS 

A. The Agency will determine positions that are designated “excepted” in the event of a furlough 

1. In instances where more than one employee performs identical functions, employees will 

be excepted based on seniority using the employees’ Reduction-In-Force Service 

Computation Date. The more senior will perform the excepted functions. 

2. If a less senior employee’s unique skill set is required, the less senior employee may be 

selected. The Agency will document the basis for the selection in a Memorandum for the 

Record. 

B. Employees will receive a written notice of the emergency furlough. When practicable, the 

written notice will be given in advance. 

C. The Agency will provide employees with a copy of SF-8 (Unemployment Compensation 

Notice). 

D. Supervisors will attempt to contact employees on leave or TDY. All leave will be cancelled. 

E. Employees will be notified of when to return to duty via public media and by the supervisors 

contacting the employees via email and telephone. 

SECTION 9. ADMINISTRATIVE FURLOUGHS 

A. The Agency will determine positions that are designated “excepted” in the event of a 

furlough. 

1. In instances where more than one employee performs identical functions, employees will 

be excepted based on seniority using the employees’ Reduction-In-Force Service 

Computation Date. The more senior will perform the excepted functions. 

2. If a less senior employee’s unique skill set is required, the less senior employee may be 

selected. The Agency will document the basis for the selection in a Memorandum for the 

Record. 

B. Employees will receive a written notice of the furlough in accordance with Adverse Action 

procedures as stated in Article 34. 

C. The Agency will provide employees with a copy of SF-8 (Unemployment Compensation 

Notice). 

D. All leave will be cancelled. 
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E. Employees will be notified of when to return to duty by the supervisors contacting the 

employees via email and telephone. 

F. Employees subject to furlough will be placed on a five (5) day, eight (8) hour work week, 

with flexible start/end time. 

G. Furloughs, if discontinuous, furlough days will be either the first or last day of the work 

week. Employees will submit their desired furlough day (first or last day of their work week) 

to their immediate supervisor. In those instances where there is conflict from multiple 

employees requesting the same furlough day and all requests cannot be accommodated, ties 

will be broken by the supervisor applying the RIF SCD. For furlough days that fall on a 

holiday, the next business day will serve as the furlough day. 

H. Employees who were working any type of alternative work schedule will return to such work 

schedule effective the first full pay period following the end of the furlough period. 

I. Supervisors will work with part-time employees to define a set schedule for duration of the 

furlough period. Based on this established schedule, supervisors will compute a pro-rated 

number of furlough hours per pay period commensurate with that part-time schedule.

J. Employees who are hired or transferred into the bargaining unit after the furloughs begin will 

serve a proportionate number of days on furlough. 

K. For the purposes of timeframes for grievances and ADR, furlough days will be treated as 

nonwork days. 

L. Should the Agency’s situation change so that furloughs can be shortened, the Agency will act 

promptly to cancel additional furlough days. The AFGE Council 169 President will be 

notified immediately. Employees will be notified of the cancellation of furlough days as soon 

as practicable. This will include multiple communication vehicles. 

M. Employees on an approved telework agreement who are not furloughed on their scheduled 

telework day may continue to telework. Those employees who are furloughed on their 

telework day may request to change their telework day during the furlough period. 

N. Employees are entitled to benefits outlined in guidance issued by the Office of Personnel 

Management related to non-emergency furloughs. 
109

ARTICLE 30 

EXPEDTIONARY/DEPLOYABLE CIVILIAN WORKFORCE, EMERGENCYESSENTIAL, NON-COMBAT ESSENTIAL, AND CAPABILITY-BASED 

VOLUNTEERS 

The Defense Logistics Agency and the American Federation of Government Employees, 

Council 169 herebyagree to the following provisions regarding the designation of Deployable 

civilian positions withinDLAas Emergency-Essential(EE),Non- Combat Essential(NCE), 

andCapability-Based Volunteer (CBV):

1. DoD defines an Emergency-Essential position as a position-based designation to 

support the success of combat operations or the availability of combat-essential

systemsinaccordancewith section 1580 of Title 10, UnitedStates Code. DoD

civilian employeesin these positions are designated as Key personnel. 

2. DoDdefines Non-Combat Essential as a position-based designation to support the 

expeditionary requirements in other than combat orcombat support situations and

will be designated as Key personnel. 

3. DoD defines Capability-Based Volunteer as an employee who may be asked to 

volunteer for deployment, to remain behind after other civilians have evacuated) 

or to backfill other DoD civilians who have deployed to meet expeditionary 

requirements in order to ensure that critical expeditionary requirements that may 

fall outside or within the scope of an individual’s position are fulfilled. 

4. The parties agree it is best to have willing volunteers forEE and NCE positions. 

Accordingly, vacant positions designated asEE and NCEshall be announced as

such, and applicants selected forEE and NCR positions shall sign a written

agreement documenting acceptance of the EE or NCE conditions of employment 

as appropriate, · 

5. The Employer will provide information toapplicants and employees to help them

understand what it means to occupy an EE or NCE position. Such information

may be in the form of promotional videos, web sites, personal counseling, printed 

material, and other appropriate means.

6. Incumbents of positions that management decides to designate as EE or NCE 

subsequent to the employee being hired for the position shall be notified in 

writing of this change. 

a. Assignments and/or Designations shall not be made as either reward or 

punishment. 

b. The notification letter shall include the DoD Directive 1404.10 - DoD 

Civilian Expeditionary Workforce. 'I’ve will also be provided a DD Form 

2365, Civilian Expeditionary Workforce Agreement and the DLAStatement of 

Understanding and Agreement for Deployment Requirements, which they
110

will be asked to sign. 

c. The Agency will endeavor to address any concerns the employees have, 

prior to the employee's decision regardingwhether or not to sign the DD

Form 2365. The notification letter shall include points of contact at the 

DLA Human Resources Center (DHRC) for questions concerning any 

aspects of EE or NCE requirements. Employees may consult their Union 

representative regarding the matter.

d. Unless mission requirements necessitate a shorter notice, employeeswill

have 90 calendar days after receiving the notification package to inform the 

Agency of their decision to accept or decline signing the DD Form 2365. 

Employees may request and the Employer will consider an extension to the 

time limit.

e. Should the employee decline to sign the DD Form 2365, the Employer will

workwith the Employee toidentify available non-EE or non-NCE positions 

forwhich the employee is qualified in an effort to retain these employees 

within their commuting area. Should the Employee decline an offered 

position, or if a position is not available, he or she may be separated in 

accordance with reduction in force regulations. The Employer will offer 

Voluntary EarlyRetirement and Voluntary Separation IncentivePayments as

appropriate. Other benefits available toaffected employeesmay include 

registration in the DoDPriority Placement Program permanent change of 

station orders and job placement assistance. 

7. Those duties that must be performed while deployed and that qualify the 

position as NCE or EE will be placed in the Position Description and marked as 

such. 

8. EE or NCE employees who complete a deployment will be eligible for a cash 

award based upon their contribution to the mission.

9. EE or NCE employees who are not deployed may be excused for up to three (3) 

hours per week to engage in fitness activities at the worksite or installation fitness 

facility where the employee is working. Fees or expenses for membership or use of 

fitness facilities are the responsibility of the employee. Release of the employee is 

contingent upon the supervisor's determination that workload permits the employee 

to engage in fitness activities.

10. Training for EE and NCE employees is based upon the requirements of their 

assignment and may include subjects such as safety, Uniform Code of Military 

Justice, cultural sensitivity, and other matters determined appropriate by the 

Employer. 

11. Medical examinations the Employer determines to be necessary will be at the

Employer's expense. Exams may include provision of DNA samples, dental xrays, or other appropriate records to facilitate identification of the employee. 
111

12.EE or NCE determinations are based upon the duties of the position. If an 

employee occupying an EE or NCE position is selected for another position that 

is not so designated, the employee ceases to be EE or NCE. The employee may 

volunteer to be designated as a Capability-Based Volunteer (CBV) and execute a 

new EE or NCE agreement. Should the Employer wish to convert the new 

position to EE or NCE, the requirements of paragraph 6 above will apply. 

13.The Employer has the right to select EE/NCE employees for deployment. 

Although all EE/NCE employees are required to deploy when directed to do so, 

to the extent practicable, the Employer will use qualified volunteers for 

deployment. Unless urgent requirements do not allow time to do so, the 

Employer will seek volunteers from among qualified EE/NCE employees to 

meet deployment requirements. In the event there are insufficient qualified 

volunteers, the Employer will direct the deployment of a qualified EE/NCE 

employee. The Employer will: (1) determine the site(s) from which volunteers 

will be sought, (2) determine the knowledge, skills, abilities and other 

characteristics required for the position(s), and (3) assess employee 

qualifications. Each organization employing EE/ NCE employees will maintain 

rosters of EE/NCE employees for each site sorted by series and grade and in 

order of RIFService Computation Date (SCD). When selecting from among 

identically qualified EE/NCEemployees, the employees' RIF SCD will be used. 

Assignments based on RIF SCD will be in reverse order of seniority when

directing assignments and in order of seniority when selecting among volunteers. 

Once deployed based upon selection from the roster, the employee will be 

removed from the roster until it has been exhausted.

14. On an annual basis, the Employer will review all EE/NCE positions that have not 

been deployed within the preceding two (2) years to determine whether the need 

for the EE/NCE designation is still required. The results of the review of 

bargaining unit EE/NCE positions will be provided to the Council.
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ARTICLE 31 

OFFICE COMMUNICATION TOOLS 

Office communications tools allow DLA employees to communicate using functionality such as 

instant messaging, and voice and video call capabilities. 

1. All employees are required, as determined by management, to use the full functionality of 

office communication tools as a means of communication similar to situations where 

supervisors visit employees at their workstations, call employees on their telephone, or 

send electronic mail (e-mail). Employees will be expected to communicate in a manner 

consistent with management’s direction. 

2. Office communications tools are collaboration tools for DLA employees to use while 

working at the official or alternate work site. Any employee with connectivity problems 

will immediately contact the Help Desk, and advise their supervisor of the status of their 

problem. 

3. One of the features of office communications tools provides the ability to instantly view 

availability or on-line status; this is not an attendance tracking tool. Employees are not to 

turn-off or disable this feature, as this feature indicates employees' availability for 

communication with their supervisors and colleagues, to include providing feedback on 

work assignments. 

 

4. The use of a presence/status indicator, or other technologies’ similar features, will not be 

used as a time and attendance or tracking tool. 

5. This Article covers any future technologies that provide similar functions found in office 

communications tools. 

6. In accordance with Article 5, any accountability rosters (e.g., sign-in/sign-out sheets) will 

be negotiated at the Local level.
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ARTICLE 32 

WAGE SURVEYS

The parties agree that coordinated wage surveys will be conducted in accordance with 5 C.F.R. 

Part 532, Subparts A, B, & C, as added to and amended by the OPM. Employees selected by the 

Union to participate in wage surveys, in accordance with 5 C.F.R. § 532.229, are considered to be 

on official assignment to an interagency function, rather than on leave or union official time.
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ARTICLE 33

CONTRACTING OUT AND OUTSOURCING

SECTION 1. GENERAL 

For purposes of this Article, the term “Contracting Out” refers to decisions made by the Employer 

subject to the A-76 process. The term “Outsource” as defined here applies when the Employer 

decides to use contractor support to supplement its current workforce in addressing fluctuations in 

mission workload. It is understood that the Employer retains the right to contract out work in 

accordance with 5 U.S.C. § 7106(a)(2)(b). Contracting out is not subject to the negotiated 

grievance procedure. 

SECTION 2. NOTIFICATION OF CONTRACTING OUT 

A. The Employer will notify Council 169 Local officials at the time an A-76 competition is 

announced to compete work that is presently being performed by members of the bargaining 

unit. When it is known that more than one field activity will be involved in that work, the 

Employer will notify the Council 169 Executive Board. 

B. The Employer will notify Council 169 Local officials prior to announcing to BUEs a decision 

in an A-76 competition involving work that is presently being performed by members of the 

bargaining unit. When it is known that more than one field activity will be involved in that 

decision, the Employer will notify the Council 169 Executive Board. 

C. The Employer will provide to the Council 169 Local such information concerning the 

contracting out study as requested by the Local so long as the information is not restricted by 

law, rule, regulation or other directives and instructions. 

D. Should the Employer establish a Most Efficient Organization (MEO) or Performance Work 

Statement (PWS) team to implement the A-76 decision, the Council 169 Local may nominate 

an observer to offer their insight into the process. If the meetings involve management 

deliberations, the Union observer may be required to step out of the room to preserve the 

deliberative process. The parties agree to safeguard information, including proprietary 

information, consistent with applicable regulations. 

SECTION 3. NEGOTIATIONS CONCERNING ADVERSE IMPACT OF CONTRACTING 

OUT 

A. Upon award of a contract or implementation of a MEO that will adversely affect members of 

the bargaining unit, the Employer will notify the affected DLA Council Local(s) and Council 

169 Executive Board. The Council 169 Local may, within 15 calendar days, request 

negotiation with the Employer in accordance with 5 U.S.C.§ 7106(b) (2) and (3). Should 
115

Reduction in Force procedures be required, the Employer will follow the provisions negotiated 

in Article 29 to attempt to minimize the adverse effects on BUEs. 

B. The Employer and Council 169 recognize the “right of first refusal” required by Federal 

Acquisition Regulation (FAR) 7.305(c). 

SECTION 4. NOTIFICATION OF OUTSOURCING 

The Employer will notify the Council 169 Local when it has decided to outsource. The Employer 

recognizes its duty to satisfy its bargaining obligations should conditions of employment for BUEs 

be affected by its decision to outsource. Upon request, the Employer will discuss the outsourcing 

decision with the Council 169 Local and provide information, if available, and release of the 

information is not restricted by law, rule or regulation. When it is known that more than one field 

activity will be involved in the work to be outsourced, the Employer will notify the Council 169 

Executive Board. 
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ARTICLE 34

DISCIPLINE AND ADVERSE ACTIONS

SECTION 1. GENERAL

A. The parties agree it is critical to maintain high standards of integrity and conduct within the 

agency. Disciplinary measures are taken to correct employee misconduct that adversely 

affects the efficiency of the service and to encourage employee conduct in compliance with 

applicable policies, procedures, and regulations. 

B. An "adverse action" is defined as a suspension, removal, furlough of 30 days or less, or a 

reduction in grade and/or pay taken for cause. Adverse actions will be taken for just cause 

and in accordance with applicable laws and regulations. 

C. For purposes of this Article, the term “adverse action” does not apply to the separation of an 

employee serving a probationary or trial period under an initial appointment pursuant to 5 

U.S.C. §7511(a)(1)(A), a suspension or removal taken in the interest of national security, an 

action taken under reduction-in-force procedures, return to the grade formerly held by a 

supervisor or manager who has not satisfactorily completed his/her supervisory/managerial 

probationary period, or the reduction in grade or removal of employees based on 

unacceptable performance pursuant to 5 U.S.C. §4303. 

D. Other forms of corrective measures may include counseling, oral admonishment, letters of 

instruction, or letters of warning. 

E. At any meeting initiated by the Agency between an employee and an Agency official which 

the employee reasonably believes may result in an adverse action, a DLA Council Local 

representative shall be given the opportunity to be present upon the employee's request in 

accordance with Article 4 of this MLA. If representation is requested, the meeting will not 

be delayed beyond one business day (Monday through Friday) without mutual agreement of 

the parties. 

 

F. The Employer reserves the right to cancel the investigatory interview once the employee has 

requested Union representation. A decision by management to cancel an interview on this 

basis need not be justified in any way, and the Employer may proceed with its investigation 

and/or adverse action on the basis of information from other sources. The inquiry shall be 

conducted in such a manner as to avoid personal embarrassment to the affected employee. 

G. In exercising its right to discipline employees, for proposed adverse actions of 15 days or 

more, the Employer will consider the relevant Douglas Factors. In considering the penalty for 

adverse actions, the Agency may take into account those adverse actions taken any time prior 

to the effective date of the proposed current action.
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SECTION 2. INFORMAL CORRECTIVE ACTIONS

A. Supervisors may use informal measures for corrective action or to provide instructions 

regarding appropriate workplace behavior or compliance with procedures. These informal 

corrective actions are not disciplinary in nature, but are intended to make employees aware 

of, and bring them into compliance with, workplace policies and procedures. 

B. Oral Counseling or admonishment is a verbal instruction to the employee concerning a 

proper process or procedure or to address misconduct, and will generally be a discussion 

between the employee and his/her supervisor. 

C. A Letter of Warning is issued to an employee concerning unacceptable conduct. It places the 

employee on notice that formal disciplinary action may be imposed if the conduct does not 

improve. 

D. A Letter of Instruction is issued to an employee to document standards of conduct or work 

instructions, clarify procedures, or impose certain requirements. 

E. A letter issued to implement a performance improvement plan (PIP) is not a disciplinary 

action, and is addressed in Article 18. 

SECTION 3. LETTERS OF REPRIMAND

A Letter of Reprimand is the lowest formal disciplinary action issued to correct an employee’s 

delinquency or misconduct. It contains a detailed account of the offense(s) and is effective upon 

issuance. Letters of Reprimand will be retained in the eOPF for 2 years, until the employee 

leaves the agency, or until the supervisor determines the letter has served its purpose. 

SECTION 4. PROCEDURES FOR SUSPENSIONS OF 14 CALENDAR DAYS OR LESS

A. When the Agency proposes to suspend an employee for 14 calendar days or less, the 

following procedures will apply: 

1. The Agency will give the employee at least seven (7) calendar days written notice of 

the proposed action. 

2. Notices will state the nature and specific reason(s) for the proposed action. 

3. The Agency will give the employee at least seven (7) calendar days to respond orally 

and/or in writing and to furnish materials to support the reply. 

4. Notices will inform the employee of his/her right to contact a member of the servicing 

DHRS Office staff regarding the process. 

5. Notices will inform the employee of his/her right to representation. 

6. Notices will inform the employee that any request for extension of time to reply must 

be submitted in writing prior to the expiration of the time period that he/she was 

given to reply. 

7. The Employer will provide the employee copies of documentation used to support the 

action. Any material/evidence that is not disclosed to the employee may not be used 
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in support of an action against the employee.

B. After the time for the employee's reply has elapsed, the Agency will issue a written final 

decision to the employee. To the extent practicable, Management will issue the decision in a 

timely manner. The decision notice will:

1. Indicate whether the proposed action will be effected, modified, or withdrawn... In no 

case will the action taken be more severe than that proposed in the advance notice.

2. State the findings with respect to each reason(s) stated in the notice of proposed 

action. 

3. Inform the employee of his/her grievance rights in accordance with Section 6 of this 

Article.

SECTION 5. PROCEDURES FOR REMOVAL, SUSPENSION FOR MORE THAN 14 

CALENDAR DAYS, AND REDUCTION IN GRADE AND OR PAY

A. All of the procedural requirements in Section 4 A and B apply except that the advance period 

will be not less than 30 calendar days, and the employee will be given at least 10 calendar 

days to respond orally and/or in writing and furnish materials in support of the reply to the 

proposed action. The response may include written statements of persons having relevant 

information and/or other supportive documents. 

B. The 30 calendar day advance written notice period is not required for a removal or an 

indefinite suspension when there is a reasonable cause to believe the employee has 

committed a crime for which a sentence of imprisonment may be imposed. In such cases, the 

advance notice period will be not less than seven (7) calendar days and the reply period will 

be not less than seven (7) calendar days. When circumstances require, the employee may be 

placed in a non-duty status with pay not to exceed seven (7) calendar days during the notice 

period. Such actions under this provision are taken pursuant to 5 U.S.C. 7513(b). 

SECTION 6. GRIEVANCE APPEAL RIGHTS

An employee who is dissatisfied with the Agency's decision to effect an adverse action of a 

suspension of 15 days or more, removal, furlough of 30 days or less, or reduction in grade and/or 

pay may elect to either appeal the decision in accordance with 5 U.S.C. 7701 or 7702 as 

applicable, or use the negotiated grievance procedure. An employee who is dissatisfied with the 

Agency's decision to effect a suspension of 14 days or fewer may elect to grieve the decision in 

accordance with the negotiated grievance procedure (Article 36). 

SECTION 7. ACTIONS BASED UPON SECURITY CLEARANCE INVESTIGATIONS

Security clearance investigations are conducted to determine eligibility for security clearances 

and not as a form of reprisal. Employees affected by security clearance decisions will be 

provided a written description of their due process rights. 

If an employee is indefinitely suspended due to the loss of a security clearance, they may request 

to exhaust their accrued annual leave prior to the effective date of the indefinite suspension. This 

provision does not apply to those employees who lose their security clearance due to the 
119

reasonable belief the employee has committed a crime for which a sentence of imprisonment 

may be imposed or when the loss of a security clearance is related to a national security issue. 
120

ARTICLE 35

DRUG TESTING PROGRAM

SECTION 1. GENERAL 

This Article provides for application of the Employer’s drug testing program as it relates to BUEs. 

The parties agree that illegal use or possession of drugs by BUEs, on or off duty, is inconsistent 

with accomplishing the Employer's mission. Accordingly, the Employer, pursuant to Executive 

Order 12564, has established a Drug Free Workplace Program (DFWP) in furtherance of its 

national defense mission. 

A. If a BUE believes his or her position has been wrongly designated as a testing designated 

position, the BUE may grieve the designation under the negotiated grievance procedure. Such 

grievances are limited to the determination as to whether the Employer followed the criteria 

established in its policy, not the content of the policy itself. 

B. BUEs are required to refrain from the illegal use or possession of drugs, on or off duty, as a 

condition of continued employment and may not use illegal drug abuse or addiction as an 

excuse for misconduct or less than fully satisfactory work performance. BUEs are required to 

comply with the Employer’s DFWP. Failure to do so will result in the Employer initiating 

action to discipline the employee. 

C. Employees who use, possess, or distribute controlled substances, and employees who refuse 

drug testing, alter or tamper with specimens, or fail to provide an adequate specimen may be 

subject to disciplinary action, up to and including removal. 

D. The BUE's cooperation of availing him or herself of assistance will be considered by the 

Employer when proposing or effecting disciplinary or adverse action, related to conduct or 

performance of the BUE. 

SECTION 2. TESTING PROGRAM 

The goal of the DFWP is deterrence of illegal drug use through a carefully controlled and 

monitored program of drug testing. The parties share an interest in ensuring that only those BUEs 

who occupy properly identified Testing Designated Positions (TDPs) be subject to random testing 

and that only those BUEs selected for properly identified TDPs be subject to pre-employment 

drug testing. 

A. Testing Designated Position (TDP) means a position that has been designated by the Director, 

DLA, as subject to random drug testing. 

1. A BUE occupying a TDP will receive written notice that his or her position has been 

determined to meet the criteria and justification for random drug testing at least 30 days 

before the individual is subject to unannounced random testing. The notice will include 

the reason for inclusion, the appeal procedure for requesting review of the designation and 

the name of a point of contact for questions regarding the decision. In addition, the notice 

will include a statement that the BUE is entitled to Union representation if they choose to 

appeal their designation. 

2. BUEs selected for random testing will be selected on the basis of neutral criteria. 

3. A BUE may appeal the testing designation of his/her position within 30 days following 
121

receipt of the written notice, and within 30 days of any material change in the duties of the 

position. If new information becomes available, a BUE may appeal the TDP designation 

within 30 days of becoming aware of the new information. 

B. Types of drug testing are: 

1. Random Testing of BUEs in TDPs and other bargaining unit personnel who volunteer for 

such tests. 

2. Reasonable Suspicion Testing. Although such testing does not require certainty, mere 

hunches are not sufficient to meet this standard. Further information regarding the levels 

of approval required for reasonable suspicion testing are included in the Employer’s Drug 

Free Workplace policy. Reasonable suspicion testing may be based upon, among other 

things, a) Observable phenomena, such as direct observation of drug use or possession 

and/or the physical symptoms of being under the influence of a drug; b) A pattern of 

abnormal conduct or erratic behavior; c) Arrest or conviction for a drug-related offense, or 

the identification of a BUE as the focus of a criminal investigation into illegal drug 

possession, use or trafficking; d) Information provided by reliable and credible sources or 

independently corroborated, or; e) Newly discovered evidence that the BUE has tampered 

with a previous drug test. 

3. Applicant Testing for appointments made by the Employer (including reassignments, 

transfer, or detail for more than 120 days) to positions with TDP designation. Applicant 

testing is not required for BUEs who currently occupy a TDP within the Agency and have 

satisfied the requirements for entry into their current TDP. 

4. Follow-up Testing is required as part of the rehabilitation or counseling program under the 

EAP. 

5. Accident Testing. Such testing may be required when a BUE is involved in a Class A, B, 

or C mishap. Mishap categories are periodically updated by DoD to adjust dollar values. 

At the time of this MLA, DoD Instruction 6055.7 defines mishaps as follows: a) Class A 

Mishap. The resulting total cost of damage to Government and other property in the 

amount of $1,000,000 or more; a DoD aircraft is destroyed; or an injury and/or 

occupational illness results in a fatality or permanent total disability. b) Class B Mishap. 

The resulting total cost of damage is $200,000 or more, but less than $1,000,000. An 

injury and/or occupational illness results in permanent partial disability; or when three or 

more personnel are hospitalized for inpatient care (which, for accident reporting purposes 

only, does not include just observation and/or diagnostic care) as a result of a single 

accident. c) Class C Mishap. The resulting total cost of property damage is $20,000 or 

more, but less than $200,000; a nonfatal injury that causes any loss of time from work 

beyond the day shift or shift on which it occurred; or a nonfatal illness or disability that 

causes loss of time from work or disability at any time (lost time case.) 

C. All BUEs required to take a drug test at the direction of the Employer will be in a duty status. 

If the test extends beyond the regular shift, the BUE will receive overtime or compensatory 

time, or be released. 

D. When a BUE is selected for random testing and is unable to, or chooses not to, transport 

himself/herself (for example, due to being in a car pool) to the collection facility, the Employer 
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will make transportation arrangements to and from the facility. In cases of reasonable 

suspicion, accident or unsafe practice, or follow-up testing, the Employer will arrange for 

transportation of the BUE to and from the collection site. 

E. When the BUE drives to and from the collection site, local mileage for travel to and from the 

collection site will be paid in accordance with the provisions of the Joint Travel Regulations. 

F. Pre-employment testing for Reduction in Force (RIF). A BUE whose RIF placement rights 

result in placement in a TDP is subject to pre-employment testing. In the event the BUE 

believes he/she is not medically qualified for the position, the BUE will be allowed five (5) 

calendar days from the date the position is formally offered to submit medical documentation 

to prove the medical disqualification. The requirement to submit to testing will be delayed 

until the BUE has provided the information or five (5) days have elapsed, whichever occurs 

first. For the purposes of the RIF at hand, a BUE providing acceptable medical documentation 

will be considered medically disqualified. The BUE is not entitled to recant at a later date and 

demand placement in the position. Such delays will not be permitted if the delay will result in 

another BUE being adversely affected by the RIF. 

G. Prior to a verified positive test result determination that would lead to a proposed disciplinary 

action, the Medical Review Officer (MRO) will discuss the test results with the employee. 

Test result discussions with BUEs shall be conducted in a private setting. 

SECTION 3. RANDOM SELECTION FOR TESTING 

A. The Employer agrees that, except for volunteers, only those BUEs in TDPs will be subject to 

random selection for drug testing. A BUE who does not occupy a TDP may volunteer to be 

included in the random testing program by informing the Employer in writing of his or her 

desire to be included in the pool of TDPs subject to random testing. BUEs volunteering to be 

included in the TDP pool will be subject to the same conditions and procedures for random 

testing as persons occupying TDPs and may withdraw from participation at any time. 

B. A BUE selected for random drug testing may obtain a deferral of testing if the BUE’s first-line 

supervisor and second-line supervisor concur that a compelling need necessitates a deferral on 

the grounds that the BUE is: 

1. In a leave status (sick, annual, administrative, or leave without pay). Unplanned or 

unscheduled leave requests by the employee after receipt of the drug testing notice will not 

be grounds to defer the test. 

2. In official travel status (TDY) or is about to embark on travel that was scheduled prior to 

testing notification. 

SECTION 4. SPECIFIC NOTIFICATION OF TEST 

A. BUEs selected for drug testing will be specifically informed of any impending test and 

informed in writing of each of the following: 
123

1. The reasons for ordering the drug testing and how the BUE was selected for the test (e.g., 

random, reasonable suspicion, investigation or an accident, etc.). 

2. The consequences of a positive result and the consequences of a refusal to cooperate, 

including possible adverse action(s). 

3. The notice will advise the BUE of his/her right to Union representation during the 

collection process. 

SECTION 5. METHODS AND PROCEDURES FOR TESTING 

A. The Employer agrees that methods and equipment used to test for illegal drug usage will 

conform to Department of Health and Human Services mandatory guidelines. 

B. If there is a positive test, the MRO will offer the BUE an opportunity to have the specimen 

retested by an alternate Substance Abuse and Mental Health Service Administration 

(SAMHSA) certified laboratory. 

SECTION 6. COLLECTION PROCEDURES 

A. Upon direction by management, the designated BUE will report to the designated location to 

be tested. 

B. Collection procedures will provide for BUE privacy and dignity. Unless direct observation 

collection is authorized, the BUE subject to testing will be permitted to provide a urine 

specimen in a rest room stall or similar enclosure so that the BUE is not observed while 

providing the sample. 

C. All samples collected will be subject to a strict chain of custody in order to maintain the 

integrity of the samples and results. 

D. Union representatives requested by the BUE are not to interfere with the collection. 

SECTION 7. SAFE HARBOR 

The Employer agrees to provide an opportunity for assistance to those BUEs who voluntarily 

seek treatment for illegal drug use and successfully complete a prescribed treatment program. 

This is known as "Safe Harbor. In accordance with Executive Order 12564, the Employer is 

required to initiate action to discipline any employee found to use illegal drugs, except when an 

employee voluntarily admits his or her drug use, completes counseling and/or rehabilitation, and 

thereafter refrains from using illegal drugs. 

SECTION 8. ADMINISTRATIVE ACTION 

Any BUE who is determined to be an illegal user of drugs and who occupies a sensitive position 

must be removed from that position through appropriate personnel action. The BUE may be 

returned to duty in a sensitive position, providing he or she will still meet all eligibility criteria of 
124

the position, after successfully completing a prescribed treatment program if, in the sole discretion 

of the Director of DLA or designee, he or she determines that returning the BUE to duty in the 

position would not endanger public health, safety or national security. 

SECTION 9. EMPLOYEE ASSISTANCE PROGRAM REFERRAL

A. BUEs who receive a first confirmed positive test result, or who voluntarily admit illegal drug 

use under Section 7, will be referred to the EAP. 

B. When it appears EAP referral is appropriate, the Union will encourage the BUE to respond 

positively to the referral. 

SECTION 10. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION 

A. Records, files, and information pertaining to BUE drug tests and test results will be handled 

confidentially and maintained in a secure manner. 

B. Information will be released only to those officials of the Employer that have a need to know, 

and are authorized by applicable law, rule or regulation to receive such information. 

C. Regardless of the test results, any BUE who is the subject of a drug test will, upon written 

request to the Drug Program Coordinator, have access to any records relating to his or her drug 

test.

D. The Employer will take necessary actions to protect the confidentiality of BUE drug test 

records, which may include appropriate disciplinary action when such information is disclosed 

improperly. 

 

SECTION 11. UNION REPRESENTATION 

A. A grievance concerning an alleged impropriety in the drug testing process will be handled by 

the parties in the same manner as any other grievance. The parties will cooperate in attempts 

to resolve any dispute according to the negotiated grievance procedure.

B. Upon request, the BUE will be provided information concerning the drug testing process and 

the chain of custody. 

C. At the request of the BUE, a union representative will be given the opportunity to be present 

during the collection process, if the employee reasonably believes that the results of the drug 

test may result in an adverse action against him or her. The BUE’s request for a union 

representative will be honored, but will not add to the mandatory time (two (2) hours) within 

which to report to the collection site.
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SECTION 12. DISCLOSURE OF INFORMATION TO COUNCIL 169 

The Employer agrees to provide Council 169 an annual report that documents statistical 

information regarding the Drug Testing Program. The report will include the total number of 

BUEs tested, the total number of BUEs who tested positive, total number and types of disciplinary 

actions taken. The Employer also agrees to provide Council 169 an annual list of all bargaining 

unit positions designated as TDP and the reason for such designation. Following receipt of such 

information, Council 169 may submit documentation to the Director, DLA, requesting a review of 

positions designated as TDP. The documentation will include the specific rationale for disputing 

the TDP designation. 
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ARTICLE 36

GRIEVANCE PROCEDURE

SECTION 1. GENERAL

The purpose of this Article is to provide a method for prompt and equitable settlement of 

grievances between the parties to this Agreement. For purposes of this Article, employees filing 

a grievance will not be subject to reprisal or retaliation in accordance with 5 U.S.C. §2301. 

SECTION 2. COVERAGE AND SCOPE

A. This Article constitutes the sole and exclusive procedure available to the Employer, Union, 

and bargaining unit employees for resolution of grievances applicable to any matter 

involving the interpretation, application, or violation of this Agreement, Local Agreements, 

or matters involving the interpretation of laws, policies, regulations, and practices of the 

Employer not specifically covered by this Agreement. 

B. Employee(s) Grievance. A grievance by a bargaining unit employee(s) is a request for 

personal relief in any matter of concern or dissatisfaction to the employee or group of 

employees concerning the interpretation, application, and/or violation of this Agreement or 

the Local Agreement under which the employee(s) is/are covered, or the interpretation or 

application of any law, rule, or regulation with respect to personnel policies, practices, and 

any other matters affecting conditions of employment. Grievances involving employees in 

more than one local must be submitted and processed individually at each location; such 

grievances may not be joined. 

C. Council 169 Local or Local Employer Grievance. A grievance by a Council 169 Local or 

local Employer organization is a request for relief over the local interpretation or application 

of this Agreement or its Local Agreement(s) covering the parties, or the local interpretation 

or application of Employer regulations covering personnel policies, practices, and other 

matters affecting conditions of employment. Grievances involving more than one local must 

be submitted and processed individually at each location; such grievances may not be joined. 

D. Executive Board of Council 169 or DLA Grievance. A grievance by the Executive Board of 

Council 169 or DLA officials is a request for relief covering disputes between the parties 

over actions taken or alleged failure to take appropriate action involving the interpretation 

and application of this Agreement, or an Executive Board of Council 169 or DLA 

interpretation of any rule or regulation covering personnel policies, practices, and other 

matters affecting conditions of employment 
127

SECTION 3. MATTERS EXCLUDED

Excluded from the grievance procedure are: 

A. Any claimed violation of subchapter III of chapter 73 of title 5, U.S.C. (relating to prohibited 

political activities;

B. Retirement, life insurance, or health insurance;

C. A suspension or removal under section 7532 of title 5, U.S.C. (relating to national security;

D. Any examination, certification, or appointment; 

E. The classification of any position which does not result in the reduction in grade or pay of an 

employee;

F. Mere non-selection for promotion from a group of properly ranked or certified candidates. 

This does not apply to the right to grieve over improper procedures used during the selection 

process;

G. Termination of temporary promotion; 

H. Termination while serving under a time-limited appointment;

I. Non-adoption of a suggestion; 

J. Preliminary notice of a proposed action which, if effected, would be covered by this Article 

or excluded by items A through E above. 

K. Any incentive pay, honorary, or discretionary awards, including quality step increases; 

L. The reassignment or promotion of an employee to a non-supervisory position during the 

probationary period served by new supervisors; 

M. Separation of probationary employees during their probationary period; 

N. Reduction-in-Force;

O. Matters beyond the control of the Employer; 

SECTION 4. APPEAL OR GRIEVANCE OPTION

An employee alleging discrimination or affected by a removal or reduction in grade based on 

unacceptable performance, or an adverse action consisting of a suspension of 15 days or more, or 

a furlough of 30 days or less, or a reduction in grade and/or pay, may, at his or her option, raise 

the matter under the appropriate statutory appellate procedure or this Article, but not both. For 

purposes of this Section and pursuant to 5 U.S.C. §§ 7121(d) and (e)(1), an employee shall be 

deemed to have exercised his/her option under this Section at such time the employee timely 

files a notice of appeal under the applicable procedure or timely files a grievance in writing in 

accordance with the provisions of this Article, whichever occurs first. 

SECTION 5. REPRESENTATION

A. An employee who files a grievance under this procedure may be represented only by an 

individual designated by the Council 169 Local. The provisions of Article 1, Section 3 apply 

as appropriate. 

B. An employee or group of employees may present a grievance under this procedure without 

representation as long as the resolution of the grievance is not inconsistent with the terms of 
128

this Agreement and providing that a Council 169 Local representative is given an opportunity 

to be present at the grievance proceeding. 

C. In the interest of expeditious and economical processing of grievances, the Council 169 

Local will designate a representative from within the employee’s geographic area. When it is 

not possible to designate a representative from the employee’s geographic area, the Council 

169 Local will pay travel and per diem for the Council 169 Local representative for 

representational functions associated with the formal step of the grievance procedure 

specified in Section 6 of this Article. In no case will the Employer grant official time or bear 

the costs of travel and per diem for such representational functions for a representative who 

is not an employee of DLA. 

SECTION 6. GRIEVANCE PROCEDURE

This Section describes procedures for grievances submitted by the parties described in Sections 

2.B, C, and D above. The specified time frames may be extended by mutual agreement. 

A. All formal disciplinary actions, to include suspensions, removals, and demotions, may be 

grieved within 10 workdays from the date of the notice of decision. Grievances are 

submitted to the field activity Commander or Director, or the Headquarters J-Code Director 

or equivalent that may designate a representative to address the issue. When the supervisor, 

union representative, and/or grievant is not in the same geographic location, the parties shall 

use electronic means (e.g., telephone, VTC) if the employee requests a face-to-face meeting. 

All formal disciplinary actions, to include suspensions, removals, and demotions, must be 

submitted as formal grievances. 

B. Informal Grievance Process:

1. It is the intent of the parties to resolve grievances at the lowest possible level and that 

grievances follow the reporting chain of the employee. The intent to follow the reporting 

chain does not preclude a Commander/Director/J-Code Director or equivalent from 

designating an official outside the chain of command as his/her representative to address 

the issue.

a. The grievance may be taken up orally or in writing by the grievant(s) and the Council 

169 Local representative with the immediate supervisor. The informal grievance 

must be initiated within 10 workdays from the date the grievant became aware of the 

act or occurrence that gave rise to the grievance. The first-level supervisor will 

advise the employee and representative if s/he does not have the authority to grant the 

requested relief and within five (5) workdays will refer the grievance to the 

management official who has the authority to address the grievance. The 

management official hearing the informal grievance will provide a written or oral 

response within five (5) workdays after presentation of the grievance. Informal 

grievances that are submitted in writing will be responded to in writing. 
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b. If the matter is not satisfactorily resolved at the informal grievance step, then the 

grievant may, within 10 workdays of the grievance response, submit the grievance in 

writing through the formal grievance process. 

C. Formal Grievance Process:

1. Formal grievances are submitted to the Commander/Director or Headquarters J-Code 

Director or equivalent in the employee’s chain of command. The official receiving the 

grievance or his/her designated representative will meet with the grievant to discuss the 

grievance within 10 workdays of receipt of the formal grievance. Such meetings may be 

conducted via telephone or VTC when the supervisor, union representative, and/or 

grievant are not in the same location. Within 10 workdays after the grievance meeting, 

the Commander/Director/J-Code Director or equivalent, or designee, will issue a written 

decision to the grievant and the Council 169 Local representative. The decision will 

contain specific rationale and constitutes the final Agency decision. Adverse actions 

appealable through this process will not be stayed pending the resolution, if any, of the 

grievance.

2. Formal grievances must be signed by the grievant(s) and must contain the following data: 

a. The aggrieved employee(s)’ name, position title, grade, and organization; 

b. A description of the basis for the grievance including, where appropriate, facts 

such as times, dates, names, and similar pertinent data and the article of the MLA 

or local agreement, if applicable, at issue. Failure to cite the specific MLA 

articles/provisions or local agreement articles/provisions at issue will result in 

dismissal of the grievance with prejudice; 

c. A brief statement of the step(s) taken to resolve the grievance informally;

d. The personal remedy (corrective, not punitive action) that is being sought; 

e. A statement that discrimination based on race, color, religion, age, sex, or national 

origin is or is not an issue in the grievance; and 

f. Identification of the employee(s)’ representative.

Failure to meet any of these requirements will result in the grievance being dismissed 

with prejudice. 

D. Grievances filed by the Employer will be submitted to the Council 169 Local President. 

Grievances filed by the Council 169 Local will be submitted to the Commander/Director/JCode Director or equivalent. Such grievances must be submitted in writing within 10 

workdays from the date the grieving party knew or should have known of the act or 

occurrence that gave rise to the grievance. The grievance will include a description of the 

basis for the grievance including, where appropriate, facts such as times, dates, names, and 

similar pertinent data, the MLA articles/provisions or local agreement articles/provisions at 

issue, and the specific requested relief. Failure to meet any of these requirements will result 

in the grievance being dismissed with prejudice. The parties will meet within 10 workdays to 

discuss the matter. The party receiving the grievance will provide a written response within 

10 workdays following the grievance meeting. 
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E. If the local Employer Organization or the Council 169 Local representative is not satisfied 

with the grievance decision, then that party may advance the grievance to arbitration in 

accordance with Article 37 of this Agreement. Such request must be made within 10 

workdays after receipt of the grievance decision. Failure to timely invoke arbitration will 

render the grievance decision final. 

F. Grievances over the interpretation and/or application of this Agreement which are resolved 

through local grievance or arbitration procedures will not be construed as establishing 

controlling precedent over that portion of the Agreement that was at issue and will be binding 

only on the Council 169 Local and the local Employer Organization involved. 

SECTION 7. DISPUTES BETWEEN THE EXECUTIVE BOARD OF AFGE COUNCIL 169 

AND DLA

A. This Section covers disputes over action taken (or alleged failure to take appropriate action) 

by the Executive Board of AFGE Council 169 or DLA officials which involve the 

interpretation and/or application of this Agreement. When the Executive Board of AFGE 

Council 169 files a grievance which raises the same issue as that filed by a local or an 

employee, the local or employee grievance(s) will be incorporated into the grievance 

submitted by the Executive Board of AFGE Council 169. No further processing of the local 

grievance will occur once the grievance has been incorporated into the Council 169 

grievance. This same limitation applies to grievances submitted by a Field Activity when the 

Agency files a grievance on the same issue. 

B. Council 169 and the Employer agree to exert efforts to resolve matters raised under this 

procedure informally and as expeditiously as possible. To facilitate informal resolution: 

1. Council 169 and the Employer will fully inform the other party of the matter at issue at 

the earliest opportunity. 

2. Informal resolution will not be construed as establishing binding precedent on a particular 

practice or on the interpretation of this Agreement.

C. If the matter is not resolved informally, then:

1. The Council 169 President or Director DLA (or designee), whichever is the grieving 

party, will communicate in writing to the other party, stating the precise nature of the 

grievance, a description of the full background and/or circumstances leading to the 

grievance, applicable records and/or support documents, a specific citation to the 

articles/provisions of the MLA applicable to the grievance along with a statement 

explaining why or in what manner it is believed that the particular portion(s) in/are being 

misinterpreted or misapplied, the specific relief or adjustment sought, and a description of 

efforts taken to resolve the matter informally and why the offered informal resolution, if 

any, was considered unsatisfactory. 

2. The Council 169 President or Director DLA (or designee), whichever is the responding 

party, will prepare a final written response to the written grievance within 10 workdays 

following receipt of the grievance. 
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3. The grieving party will notify the respondent of its acceptance of the final written 

response or its intent to invoke arbitration within 10 workdays following receipt of the 

response. 

SECTION 8. FAILURE TO MEET TIME REQUIREMENTS

Time limits at any step of the grievance procedure may be extended by mutual consent of the 

parties. Failure of the Employer to meet any of the prescribed time limits of this procedure 

without mutual consent to extend the same will permit the grievant or the Union to elevate the 

grievance immediately to the next step of the process. Failure of the parties to meet any of the 

prescribed time limits without mutual consent to extend the same will result in the dismissal of 

the grievance with prejudice. 

SECTION 9. WITNESSES

In the event either party needs a witness(s) during a grievance meeting, DLA employee(s) who 

are called by the parties will be in a duty status if otherwise in a duty status. The Employer will 

not prevent reasonable access to witnesses in advance of grievance meetings. Witness testimony 

may be provided via telephone, sworn statement, declaration, or VTC. In the event a party 

requires in-person testimony of a witness who is not local, travel and per diem expenses will be 

paid by the person calling such witness. Witness participation is voluntary. 

SECTION 10. RECORDS AND DOCUMENTATION

The Employer will, upon request and receipt of a statement articulating a particularized need, 

furnish the grievant(s) and the Union with pertinent records regarding a grievance filed pursuant 

to this Article, subject to applicable laws and regulations. 
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ARTICLE 37

ARBITRATION

SECTION 1. GENERAL

A. This Article establishes procedures for the arbitration of disputes between the Union (i.e., the 

Executive Board of Council 169 or a Council 169 Local) and the Agency which are not 

satisfactorily resolved by the negotiated grievance procedure contained in Article 36 of this 

Agreement.

B. The party moving for arbitration must follow the procedures set forth in this Article. Failure 

or refusal to follow any of these steps within the prescribed time limits constitutes an 

abandonment of the arbitration request with prejudice and renders the grievance decision 

final.

C. Failure to request arbitration within the time period set forth in Article 36 constitutes an 

abandonment of the arbitration request with prejudice and renders the grievance decision 

final. 

D. The non-moving party for arbitration must follow the procedures set forth in this Article. 

Failure by the non-moving party to follow any of these steps within the prescribed time limits 

will result in full payment of fees and expenses of the arbitration by the non-moving party, 

notwithstanding Section 4 of this Article. 

SECTION 2. SELECTION OF ARBITRATOR

A. If the Union and the Agency fail to settle any grievance processed under Article 36 of this 

MLA, either party may, within the time limits specific in the negotiated grievance procedure, 

notify the other in writing of its intention to submit the matter to arbitration. Within five (5) 

workdays from the date of that notification, the party requesting arbitration will request the 

Federal Mediation and Conciliation Service (FMCS) provide a list of seven (7) impartial 

persons qualified to act as arbitrators. The request to FMCS will be made using the form on 

the FMCS website. The party requesting arbitration is solely responsible for paying for the 

list of arbitrators. Failure of the moving party to request the list of arbitrators from FMCS 

within the specified time frame constitutes and abandonment of the arbitration request with 

prejudice and renders the grievance decision final. Failure of the requesting party to 

simultaneously remit the fee charged by FMCS with the request to obtain the list of 

arbitrators will constitute an abandonment of the arbitration with prejudice and the grievance 

decision will be final. Once an arbitrator has been selected, failure to schedule or attempt to 

schedule a hearing within 90 calendar days of selection will constitute an abandonment of the 

arbitration with prejudice. 

B. Within five (5) workdays from receipt of the list, the parties will confer, as appropriate, to 

select an arbitrator. If they cannot mutually agree on one name from the list, then the parties 

will alternately strike one name from the list until only one name remains. Which party 
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strikes first will be determined by coin toss. The remaining name on the list will be the duly 

selected arbitrator. The party moving for arbitration will notify FMCS of the selection within 

two (2) workdays after such selection. Failure to notify FMCS within this timeframe 

constitutes and abandonment of the arbitration with prejudice and renders the grievance 

decision final. 

SECTION 3. ARBITRATION PROCEEDINGS

A. Once an arbitration hearing has been scheduled, there will be no postponements or 

rescheduling of the hearing except by mutual agreement of the parties. 

B. By mutual consent, arbitration may be conducted as oral proceedings with no verbatim 

transcript and no filing of briefs. In the event one of the parties desires a transcript of the 

hearing, that party shall be responsible for making arrangements for and paying the full cost 

of the transcript, which includes the cost of the court reporter. If the other party later wishes a 

copy of the transcript, then that party will pay for half of the combined cost of the original 

transcript and the second copy, as well as half the cost of the court reporter. 

C. At least 15 workdays before the opening of the arbitration hearing, the parties will exchange 

lists of witnesses whom they expect to testify, along with a list of facts and/or evidence that 

may be stipulated to in advance of the hearing. Only material and relevant witnesses will be 

called. Either party may object to the other party’s witness(es) on the grounds that the 

witness’ proffered testimony is not relevant, probative, or competent. If the parties cannot 

agree on the list of witnesses, then the arbitrator will have the sole discretion to determine 

who may testify. Failure to meet the 15-workday time period will result in exclusion of the 

witness. This does not apply to rebuttal witnesses. 

D. Any pre-hearing motions (e.g., motion to dismiss, motion to exclude witness, etc.) will be 

heard and determined by the arbitrator at least 10 calendar days prior to the hearing. 

E. The grievant, his/her representative, and the DLA employees who are called as witnesses will 

be excused from duty to the extent necessary to participate in the arbitration hearing. All 

DLA employee participants will be in a duty status.

F. The arbitrator’s award will be limited solely to answering the question(s) put to him/her by 

the parties’ submission. In the event the parties are unable to agree to a submission 

statement, the arbitrator will be empowered to formulate his/her own statement of the issue(s) 

to be resolved. 

G. Issues concerning grievability/arbitrability will be submitted to the arbitrator for a 

determination prior to proceeding on the merits. The arbitrator must issue a final written 

decision on all grievability/arbitrability issues before any hearing on the merits of the 

grievance. If the arbitrator determines that the matter cannot be grieved/arbitrated, then there 

will not be a hearing on the merits. Issues concerning grievability/arbitrability cannot be 

waived and can be asserted at any point in the grievance and arbitration process. 
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H. The arbitrator will be requested to render and simultaneously serve a written award on both 

parties within 30 calendar days of the close of the hearing. 

SECTION 4. COST OF ARBITRATION

The fee and expenses of the arbitrator will be borne by the losing party, or split 50-50 if no 

winner or loser can be determined. Additionally, the party whose principal contention is rejected 

by the arbitrator will be liable for the cost of the arbitration referral fee. The parties are 

encouraged to enter into settlement discussions early in the process. In the event either party 

initiates a settlement discussion after the point in time the arbitrator’s fees are incurred, and a 

settlement agreement is reached on or before the hearing date, the offeror of the settlement will 

pay all fees and expenses charged by the arbitrator. 

SECTION 5. WITNESSES

In the event either party needs a witness/witnesses during an arbitration hearing, DLA 

employee(s) who are called by the parties will be in a duty status. Testimony by witnesses who 

are not at the site of the arbitration hearing will be provided normally via telephone, sworn 

statement, declaration, or VTC, unless the arbitrator determines that in-person testimony is 

necessary. For Union grievances, in the event the arbitrator determines that s/he is unable to 

render a decision without in-person testimony, the Union will pay travel and per diem for Union 

witnesses.

SECTION 6. EXCEPTIONS TO ARBITRATOR’S AWARD

The arbitrator’s award will be final and binding on the parties. Either party, however, may file 

exceptions to an award with the Federal Labor Relations Authority pursuant to its regulations. 

SECTION 7. CLARIFICATION OF ARBITRATOR’S AWARD

Disputes between the parties over the application of an arbitrator’s award may be returned to the 

arbitrator for clarification. The party seeking clarification will bear the full cost of such 

clarification.
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ARTICLE 38

LOCAL AGREEMENTS

SECTION 1. AUTHORITY OF THE MASTER AGREEMENT

This Agreement is a Master Agreement. Authority to negotiate at the local level is delegated by 

specific provisions of this agreement. Only those matters specifically cited in this Master 

Agreement as being appropriate for negotiation at the local level may be negotiated locally. All 

other matters must be negotiated between Council 169 and HQ DLA. Locally negotiated 

agreements shall not delete, change, nullify, or conflict with any provision, policy or procedure 

in this Agreement. When this agreement is silent regarding a subject, local union and 

management officials must request a specific delegation of authority from Council 169 and DLA 

Headquarters to negotiate at the local level. Two types of agreements are authorized: 

A. Local Agreements. Are agreements negotiated upon completion of this MLA concerning 

matters specifically authorized by this agreement for local bargaining. Such agreements are 

negotiated at the local levels as defined in Section 2. Such agreements are authorized by 

specific provisions of this MLA and each such agreement stands on its own. For example, 

Article 20 authorizes a local negotiated agreement regarding hours of duty. Article 21 

authorizes a local agreement regarding Overtime Assignments. The two agreements are 

separate and independent. It is not necessary to conclude negotiations on both agreements to 

implement those for which bargaining is successfully concluded once such agreements have 

been approved by the parties at the DLA Headquarters and Council 169. 

B. Other Local Agreements. Such matters are covered in detail in Article 5.

SECTION 2. SITES FOR LOCAL AGREEMENTS

A. For purposes of Section 1A, “Local” is defined as: 

1. National Capital Region. HQ, DLA Energy and DLA Strategic Materials sites outside 

the NCR will follow NCR agreements, unless they are co-located with other sites having 

local agreements.

2. Battle Creek, Michigan (includes all DLA bargaining unit employees in the area).

3. DLA Disposition Services field sites that are not co-located with other DLA Activities.

4. DLA Document Services field sites that are not co-located with other DLA Activities.

5. DLA Distribution Headquarters and DLA Distribution Susquehanna, PA (includes all 

DLA bargaining unit employees in the area). 

6. DLA Distribution San Joaquin, CA (includes all DLA bargaining unit employees in the 

area).

7. DLA Oklahoma City (includes all DLA bargaining unit employees in the area). 

8. DLA Warner Robins (includes all DLA bargaining unit employees in the area). 

9. DLA Ogden, UT (includes all DLA bargaining unit employees in the area). 

10. Distribution Depots (collectively) including: San Diego, CA; Norfolk, VA; Jacksonville, 

FL; Tobyhanna, PA; Barstow, CA; Albany, GA; Anniston, AL; Corpus Christi, TX. This 
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includes those locations that were reassigned to DLA through the Navy Warehouse 

Transfer which are a part of the Depots at Norfolk, Jacksonville, and San Diego. 

11. Columbus, Ohio (includes all DLA bargaining unit employees in the area). 

12. Philadelphia, Pennsylvania (includes all DLA bargaining unit employees in the area). 

13. Richmond, Virginia (includes employees of the Industrial Plant Equipment Services and 

all DLA bargaining unit employees in the Richmond, VA area). 

14. The Depot Level Reparables (DLR) sites at Detroit, MI and Aberdeen, MD will use the

Columbus, OH Local Agreement. 

15. The DLR site at Redstone Arsenal, AL site will use the Richmond, VA Local Agreement.

16. The SS&D sites at San Diego, CA, Tobyhanna, PA, Anniston, AL, Barstow, CA and 

Albany, GA will use the 8 Depots Local Agreement. 

17. Forward presence positions located at the following physical locations will use the 

Richmond, VA Local Agreement; Redstone Arsenal, AL; Fort Rucker, AL; North Island, 

CA; LeMoore, CA; San Diego, CA; Jacksonville, FL; Scott AFB, IL; Cherry Point, NC; 

Langley AFB, VA; Oceana, VA; and Corpus Christi, TX. 

18. Forward presence positions located at the following physical locations will use the

Columbus, OH Local Agreement: Bremerton, WA; Norfolk, VA; Barstow, CA; Albany, 

GA; Anniston, AL; Red River, TX; Letterkenny, PA; and Tobyhanna, PA. 

B. For purposes of Section 2A4 above, the employer will grant official time for three employees

who would otherwise have been in a duty status and pay travel and per diem for those 

representatives. For purposes of Section 2A10 above, the employer will grant official time 

for six DLA employees who would otherwise have been in a duty status and pay travel and 

per diem for those representatives. For the remaining locations, official time will be

authorized for a reasonable number of DLA employees who would otherwise have been in a 

duty status. The Council and the Employer agree that three to five representatives is a

reasonable number. The parties encourage the use of electronic communications methods 

(e.g., video teleconferences, telephone conferences, office communicator) where appropriate 

and practicable for these negotiations and for pre-negotiations. 

SECTION 3. INTERPRETATION AND APPLICATION OF THE MASTER AGREEMENT 

BENEATH THE LEVEL OF EXCLUSIVE RECOGNITION

Any third-party interpretation and/or application of this Agreement which is initiated and 

processed by the parties at the local level, shall only be binding upon the individual Council 

Local and the Employer at the local level.

SECTION 4. EXISTING LOCAL AGREEMENTS

Local agreements in effect that are not in conflict with this agreement may continue. Provisions 

of local agreements in conflict with this MLA must be negotiated. Absent any such conflict, 

Local Agreements are not required to be negotiated if the local parties do not desire. Either party 

may propose to negotiate a new local agreement under this MLA. Negotiations on local 

agreements should commence within 60 days following the training on this MLA, and should be 

completed within 120 days following the training on this MLA. If negotiations extend past the 

120 days the parties must notify the Director, DLA Human Resources and the President, AFGE 
137

Council 169 and provide the reason for the delay. The parties will approach negotiations with the 

intent of reaching agreement expeditiously and will use the services of the Federal Mediation and 

Conciliation Service and may refer the matter to the Federal Service Impasses Panel, if 

necessary. Use of binding arbitration may be invoked by either party following mediation. If the 

parties jointly agree to arbitration, the costs of arbitration will be shared. If the parties do not 

jointly invoke arbitration, the moving party will pay the arbitrator’s fees. In the event binding 

arbitration is invoked, the arbitrator will review only the language proposed by both parties 

regarding the specific procedures being negotiated. The arbitrator will determine the final 

language to be submitted to Council 169 and DLA Headquarters for review in accordance with 

Section 5 below. 

SECTION 5. REVIEW OF AGREEMENTS AND RESOLUTION OF DISPUTES

A. Upon completion of negotiations all local agreements will be forwarded to HQ DLA and 

Council 169 for review. The national parties have 30 days to identify provisions which are in 

conflict with this Master Agreement, statute or government-wide regulation. If either party 

determines that agreement language deletes, changes, nullifies or conflicts with any 

provision, policy or procedure in this MLA, such language will be remanded to the local 

parties for renegotiation, unless the other party submits the matter for binding arbitration 

within the time limits specified in Article 37 – Arbitration. If either party determines that 

local agreement language is non-negotiable, such language will be remanded to the local 

parties for renegotiations, unless the other party submits the matter to the FLRA for 

resolution. 

B. Local disputes regarding interpretation of this Article will be referred to Council 169 and HQ 

DLA for resolution. When a dispute has been submitted to HQ DLA and Council 169, the 

proposal at issue will be held in abeyance pending final determination of the dispute. If the 

parties at the level of exclusive recognition cannot resolve the matter, either party may 

submit it to binding arbitration within the time limits specified in Article 37 – Arbitration. 

Negotiability disputes will be submitted to the FLRA for resolution. 
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ARTICLE 39 

USE OF TOBACCO PRODUCTS

SECTION 1. 

The Union and Employer recognize that individuals have the right to have an environmentally 

sound work environment, which includes the right to tobacco-free conditions. In support of the 

health and wellness of the DLA workforce, the agency encourages participation in tobacco 

cessation programs as referenced in Article 49 (Wellness/Fitness Program). 

SECTION 2.

Tobacco products are products made or derived from tobacco that are intended for human 

consumption, including cigarettes, cigars, little cigars, pipe tobacco, roll-your-own tobacco, 

smokeless and dissolvable tobacco, and products intended for use in hookahs/water pipes. 

Electronic nicotine delivery systems, including but not limited to e-cigarettes and vape pens, will 

also be treated as tobacco products. The parties will comply with terms and requirements set 

forth in DODI 1010.10.

SECTION 3.

At installations where DLA is the host, subject to availability of funds, the Employer will provide 

covered tobacco use areas with protection from the elements within reasonable proximity to the 

work area, in accordance with applicable regulations. At locations where DLA is the tenant, 

employees will follow applicable regulations and host installation directives.

SECTION 4.

Employees of DLA will be allowed to use tobacco products during break periods or during their 

lunch break. 

SECTION 5.

Use of tobacco products will only be allowed in outside areas away from any flammable or 

hazardous substances in accordance with DOD fire codes. Use of tobacco products is prohibited 

within 50 feet from entrances, exits, windows that open, and ventilation intakes that serve an 

enclosed area where use of tobacco products is prohibited. The location of outside areas 

designated for tobacco product use is at the discretion of the Installation Commander, consistent 

with applicable regulations. 

SECTION 6.

Any residue produced from use of tobacco products will be disposed in a sanitary manner in 

appropriate containers. Closed and spill proof containers will be used. Spitting in or on wash 

basins, water fountains, waste paper cans, surfaces or floors, etc. is prohibited. 
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ARTICLE 40

PERSONNEL RECORDS

SECTION 1. GENERAL

A. The purpose of this Article is to provide policies and procedures governing administration of 

employee’s official records and files, consistent with law, government-wide, DoD and Agency 

regulations. 

B. No personnel record may be collected, maintained, or retained except in accordance with law, 

government-wide regulation and this Agreement. 

C. Personnel records will be maintained in a secure, confidential file and shall be viewed only by 

officials with a legitimate administrative need. 

D. No derogatory material of any nature shall be placed in the employee’s eOPF, or the supervisor’s 

files, without their express knowledge. When a notation concerning counseling, oral 

admonishment, disciplinary action, adverse action, etc., is entered into the supervisor’s files, the 

entry will be discussed and the employee may provide written comments. Initialing or signing 

the document does not confer agreement. Upon request, employees shall be furnished copies of 

any and all data the Employer is maintaining concerning their employment, except the eOPF 

which the employee can access electronically. 

SECTION 2. ELECTRONIC OFFICIAL PERSONNEL FOLDER (eOPF)

A. The eOPF is the official repository for records affecting an employee's status and Federal 

service. The folder provides the basic source of factual data about the employee's Federal 

employment history. 

B. The Employer shall provide for the maintenance of an eOPF for every employee. 

C. Authorized personnel, not employed by the Agency, may inspect an employee's eOPF in 

accordance with law, rule and regulation. 

D. If the employee alleges incorrect or omitted information, the Agency will, upon verification, 

correct the record. Such changes will not be considered a factor in connection with any future 

personnel actions. 

E. If the employee is unable to access the eOPF electronically, a paper copy will be provided upon 

request. Employees may be required to acknowledge by a signature receipt of any documents 

provided. Such acknowledgement does not constitute agreement with the contents. 

F. Records of charges placed in the eOPF determined to be unfounded will be removed. Such 

charges will not be considered a factor in connection with any future personnel actions. 
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SECTION 3. LEAVE AND EARNINGS STATEMENTS (LES)

A. Employees who have demonstrated they are able to access myPay within the last four pay 

periods will have their mailed LES turned off. 

B. DLA will notify those employees who have their mailed LES turned off of this action via the 

email identified by the employee in the myPay system. This email will be reviewed prior to 

distribution by the President, AFGE Council 169, and will include a statement that the 

employee has the right to turn the mailed copy back on via the myPay system if they chose to 

continue to receive the mailed copy. This email will also include instructions on how to turn 

the mailed copy of the LES back on. 

C. Employees will be granted duty time to view and/or print a copy of their LES based on 

operational requirements. They may use the kiosk or computer lab available to employees 

that do not have computer access based on their position of record. 

D. If required employees will be provided assistance accessing myPay by their supervisor or 

other appropriate employee. 

E. This process will be repeated every 90 days. 

SECTION 4. WAGE AND TAX STATEMENT FORM (W2)

A. Employees who have demonstrated they are able to access myPay within the last four pay 

periods will have their mailed W-2 turned off. 

B. The option to change the delivery of W-2 will not be available during DFAS tax year 

processing period. 

C. Employees will be granted duty time to view and/or print a copy of their W-2 based on 

operational requirements. They may use the kiosk or computer lab available to employees 

that do not have computer access based on their position of record. 

D. If required, employees will be provided assistance accessing myPay by their supervisor or 

other appropriate employee.

E. DLA will notify those employees who have their mailed W-2 turned off by this action using 

the email identified by the employee in their myPay account. This notification will be 

reviewed prior to distribution by the President, AFGE Council 169, and will include a 

statement that the employee has the right to turn the mailed copy back on via the myPay 

system if they chose to continue to receive the mailed copy. This employee notification email 

will include instructions on how to turn the mailed copies of W-2 back on. 

F. This process will be repeated every 90 days.
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ARTICLE 41

PAYROLL ALLOTMENTS FOR WITHHOLDING OF DUES

SECTION 1. GENERAL

A. For the purpose of this Article 

1. The term “employee” refers to any bargaining unit employee 

2. The term “servicing payroll office” refers to the Defense Finance and Accounting Service 

(DFAS). DFAS is responsible for processing the pay of the employee. DLA Payroll 

Services is responsible for processing dues allotments. 

3. The term “dues allotment” refers to a voluntary authorization by the employee for a 

deduction, in a specified amount, to be made from the employee’s pay each pay period 

for the payment of dues associated with his or her membership to the Council 169 Local. 

B. The parties agree that:

1. This Article is not subject to local negotiations and is the sole procedure for dues 

allotments in DLA.

2. The Local is responsible for fully informing the employee that his or her authorization for 

a payroll allotment:

a. Is completely voluntary. 

b. In accordance with 5 CFR 2429, bargaining unit employees who authorize the 

Agency to remit dues to the Union on or after August 10, 2020, may initiate the 

revocation of those dues at any point after the one-year anniversary of their election. 

The effective date of the allotment is the beginning of the first pay period in which 

the dues allotment is deducted. 

c. Verification of the anniversary date is not the responsibility of the Employer. Any 

discrepancy regarding the one (1) year anniversary date requirement is solely an issue 

between the employee and the union. The Agency bears no responsibility or liability 

for terminations that do not meet the one (1) year requirement. 

SECTION 2. AUTHORIZATION OF PAYROLL ALLOTMENT

A. Only one (1) payroll allotment will be authorized for an employee for union dues deductions. 

B. Standard Form (SF) 1187, Request for Payroll Deductions for Labor Organization Dues 

(including the three (3)-digit Employee Organization Code), will be used. The Local will 

distribute this form to the employees. 

C. When an employee is transferred from a bargaining unit position at one DLA Site to a 

bargaining unit position at another DLA Site, deductions for local Union dues will continue, 

contingent upon the transfer being within the same FLRA-approved unit of recognition. 

Such dues withholding will continue at the basic rate of the gaining DLA Site. If an 

employee has timely executed an SF 1188, Revocation of Voluntary Authorization Dues, 
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prior to his or her transfer, then the dues will be terminated. In the event that the transfer of 

an employee is not within the FLRA-approved unit of recognition, the Agency will be 

required to terminate that employee’s dues deductions. 

D. The payroll allotment will be in an amount determined by the AFGE Local and signed by the 

employee on the SF 1187. 

1. No more than two (2) changes in the amount of the basic payroll allotment will be made 

during a calendar year.

2. Written notification of a change in the amount of the basic payroll allotment will be 

furnished to the servicing payroll office by the AFGE Council Local at least 30 days prior 

to the change. The written notification, using the Employee Organization Information 

Change Form, will include the following information: 

a. Current rate

b. Amount of change 

c. New rate

d. Telephone number (both DSN and commercial) and name of person to contact if they 

have questions 

e. Address for remittance and, if necessary, account number 

f. Address for dues listings to be submitted

SECTION 3. TERMINATION OF AUTHORIZATION

A. The dues allotment will be terminated when any of the following situations occur: 

1. The employee retires

2. The employee dies

3. The employee is separated

4. The employee transfers to another servicing payroll office outside the Agency 

5. The employee ceases to be a member of the bargaining unit 

6. The Employee (BUE) ceases to be a member in good standing of the Council 169 Local. 

If this occurs, the Council 169 Local shall be responsible for promptly furnishing written 

notification to the servicing payroll office.

7. In any case, revocation will become effective on the first full pay period provided the 

requirements of Section 1.B.2 of this Article have been met. 

B. When an employee is assigned to a position outside of the bargaining unit, dues deductions 

will be terminated. Dues withholding will be restored when the employee completes another 

SF 1187 authorizing the deduction upon his or her return to the bargaining unit. 

SECTION 4. PROCESSING PAYROLL ALLOTMENTS
143

A. Dues withholding will become effective the first full pay period after a properly executed 

dues allotment form is received in the DLA Payroll Services inbox. 

1. Completed SF1187/SF1188 are submitted to PayrollCoE@dla.mil. 

2. Transmission of 1188 will be made by the employee via encrypted email to the designated 

email address with a copy to the designated union representative. 

3. The employee and union representative are provided an email acknowledging date of 

receipt. 

B. No dues will be withheld or deducted for any pay period in which the employee’s net salary, 

after other legal or required deductions, is insufficient to cover the full amount of the payroll 

allotment.

C. After each pay period, to the extent DFAS will comply, the servicing payroll office will remit 

the payroll allotment deduction with a listing that contains the following:

1. The pay period designator 

2. The names of the employees from whom deductions were made, the amount of each 

deduction, and their organizational assignment 

3. The total number of employees from whom dues were withheld 

4. The total amount withheld

5. The names of employees from whom no dues were deducted in accordance with Sections 

3 and 4.B of this Article and the reasons why the dues were not deducted 

6. A remark to indicate when the deduction is from the final pay of an employee due to a 

separation, retirement or death of the employee. 

D. In the event that there is a problem with the dues allotment deductions or the information 

provided under Section 4.C of this Article, the parties will work together to resolve the 

problem. 
144

ARTICLE 42

UNION-SPONSORED AND MLA TRAINING

SECTION 1. UNION- SPONSORED TRAINING 

It is to the advantage of the parties if Union officers and stewards are knowledgeable about 

applicable laws, regulations, and new developments pertaining thereto. Workload permitting, 

officers and stewards may be granted reasonable amounts of official time to attend AFGEsponsored training or other courses related to representational duties (as defined in Article 3) that 

are available at no cost to the Government, either for tuition or for travel and per diem. Requests 

for such official time will include a copy of the training agenda in order to enable the Employer to 

determine those portions for which official time will be authorized. Generally, the annual AFGE 

Legislative Conference is considered to be training for purposes of this Section. The Council

President will forward the agenda to DLA headquarters at least two (2) weeks in advance of the 

conference to review and approve the appropriate amount of official time based on the content of 

the agenda items. Representatives must request approval from their supervisor for official time. 

SECTION 2. MASTER LABOR AGREEMENT TRAINING

A. Within 120 days of the MLA effective date, the Employer will provide MLA training to BUEs. 

This training will take place on duty time.

B. Within 60 days of the effective date of this MLA, the Council local will notify the servicing 

Labor Relations Office of the date(s) of the MLA training for their local union representatives.

C. Up to 24 hours of official time, per Article 3, may be used for this training. The Council local

will provide a schedule and list of trainees at least three (3) weeks in advance to the servicing 

Labor Relations Office. While the timing of release for such training is subject to workload 

considerations, the Employer recognizes that timely provision of such training is in the interest 

of both parties. 
145

ARTICLE 43

ACCESS TO THE AGREEMENT

SECTION 1. GENERAL 

The Employer will provide printed copies of this Master Labor Agreement, changes thereto and 

Local Agreements to each current and new Federal Wage System Employee in the bargaining unit. 

The Employer will also post this Master Labor Agreement, changes thereto and Local Agreements

on a publicly accessible website. 

SECTION 2. COPIES FOR LOCALS 

 

A. The Employer shall initially furnish each Council 169 Local a number of copies of this MLA 

and any applicable Local Agreements equal to 10% of the number of BUEs represented by the 

Local. The Council will furnish the Agency a designee and mailing address for each Local to 

facilitate the provision of the printed copies to the Locals. 

B. Locals may, on an annual basis, request and obtain additional printed copies not to exceed 

10% of the number of BUEs represented by the Local. The expenses for printing and 

distribution of such additional printed copies will be borne by the Employer. 
146

ARTICLE 44

POLICE OFFICERS, FIREFIGHTERS, CHILD DEVELOPMENT CENTERS, AND NONAPPROPRIATED FUND (NAF) POSITIONS

A. This Master Labor Agreement covers firefighters and police officers who are in the bargaining 

unit. Issues unique to Police, Firefighter, Child Development Center and Non-Appropriated 

Fund (NAF) positions and operations where the provisions of the MLA are not applicable or 

may not be appropriate, such as but not limited to overtime for firefighters, will be negotiated 

in Local Agreements as identified in Article 38. For purposes of this Article, work schedules 

for the Emergency Services Dispatcher positions are included. Prior to the parties engaging in 

local negotiations on these unique issues, the local parties must submit the requested topics to 

the President, AFGE Council 169 and the DLA Director Human Resources for an 

authorization to bargain. 

 

B. Matters for police officers related to training, equipment, uniforms, physical fitness standards 

and other similar matters affecting conditions of employment will be negotiated at the level of 

recognition (Headquarters DLA and Council 169) unless the parties mutually agree to delegate 

the authority to bargain to the local level. 
147

ARTICLE 45

EMPLOYER-UNION COOPERATION

 

SECTION 1. 

 

 It is agreed by the parties that periodic meetings between their representatives will promote 

employer and union cooperation and enhance understanding on matters of mutual concern. 

 

SECTION 2. 

 

Joint Labor-Management Committees are encouraged to be established at the local level. 

The parties will mutually determine the frequency of their meetings and the number of their 

representatives. Meetings will be scheduled during normal working hours to permit 

discussion of agenda items but will not include overtime. 

 

SECTION 3. 

 

It is further agreed that other meetings between the Union and management officials at any 

level may be scheduled whenever the need arises. The party requesting such meeting will 

give reasonable notice to the other party concerning the subject of the meeting. If the parties 

agree that the meeting will be beneficial, the parties will proceed with the meeting, 

otherwise the meeting will not take place. 

 

SECTION 4. 

 

The foregoing Sections will not preclude existing methods of Employer-Employee 

communication such as periodic Town Hall meetings, Safety Meetings, etc., designed to 

provide an exchange of views between supervisors, Union representatives, and bargaining 

unit employees. The parties mutually agree that these informal methods of communications 

are valuable and will continue. 

SECTION 5. 

 

If the Employer determines that Union officials must be assigned to a different shift or work 

schedule, the local Union President will be notified in advance to allow the Union an 

opportunity to propose alternatives to ensure continuous representation of unit employees. 

In addition, the Union may request the Employer to consider assignment of Union officials 

to different shifts or work schedules to facilitate performance of representational functions. 
148

ARTICLE 46

PERSONAL AUDIO DEVICES

The Union and the Employer agree that use of personal electronic/audio devices may positively 

affect productivity and employee morale. They may also serve to inconvenience or distract other 

employees, create a safety hazard, and generate dissention in the workplace.

Use of such devices is permitted to the extent that such use does not create a safety hazard or 

inconvenience other employees or customers. When a dispute regarding audio devices arises 

among employees, the employees will attempt to resolve it among themselves. If that is 

unsuccessful, the employees, a Union representative, and the supervisor will meet in an attempt 

to resolve the matter. If that is unsuccessful, the supervisor will render a decision. Employees 

who operate powered industrial equipment or work in an environment where such equipment is 

utilized may not use personal electronic/audio devices. 
149

ARTICLE 47 

LABOR-MANAGEMENT MEETINGS

1. The parties agree that at least three (3) meetings per year between officials of DLA HQ and 

the Council 169 Executive Board will be held to facilitate a constructive labor-management 

relationship. The parties may mutually agree to conduct such meetings in person, via video 

teleconference or by telephone. The Employer will approve official time (for time otherwise in a 

duty status) for up to nine Executive Board members, and will pay travel and per diem for 

Executive Board members who are DLA employees. Any Executive Board member who is not a 

DLA employee, will be allowed to attend such meetings virtually or at the Union’s expense. 

2.One Joint Labor-Management meeting will be held annually at DLA HQ. The Employer will 

approve official time (for time otherwise in a duty status) for up to nine Executive Board 

members, and pay travel and per diem for Executive Board members who are DLA employees. 

Each Local may send representatives (workload permitting) on official time at the expense of the 

Local. To the extent possible, Union representatives will submit questions in writing at least 30 

days in advance, so that the Employer can ensure the appropriate management personnel can 

address these issues, but questions will be entertained at the meeting. 

3. The Major Subordinate Commander/ Deputy should, by mutual consent, meet monthly with 

the Council VP assigned to that MSC, this will be held to facilitate a constructive labormanagement relationship. 

4. Local Commands/Deputies should, by mutual consent, meet weekly or as needed with the 

Local President/Designee, this will be held to facilitate a constructive labor-management 

relationship. 
150

ARTICLE 48

ALTERNATIVE DISPUTE RESOLUTION

SECTION 1. DEFINITION 

A. Alternative Dispute Resolution (ADR) is designed to resolve disputes in a manner that avoids 

the cost, delay, and unpredictability of the traditional adjudicatory process. The overall 

objectives of ADR is to promote open communication between disputing parties, reduce 

costs, and resolve disputes at the lowest possible organizational level at the earliest 

opportunity. The parties agree to encourage managers, union representatives and Employees 

to consider ADR as a means of resolving disputes. ADR is the preferred means as it is a 

positive means of resolving conflict without resorting to adversarial approaches. 

B. Mediation. A dispute resolution process in which a trained, impartial third party helps the 

parties communicate with each other and explore alternatives to meet their interests. 

Mediation emphasizes problem solving rather than a determination of fault or adversarial 

procedures. 

C. Parties are also encouraged to use other types of ADR, such as, facilitation, conciliation, etc. 

D. Management Representative. Is a management official who has been delegated authority to 

enter into settlement agreements that are binding on the Agency. The management attendee 

in ADR will be at a level higher than the deciding official in the matter in hand. 

SECTION 2. PROCESS

A. The parties agree to engage in ADR in good faith to explore issues and options as possible 

resolutions of part or the entire dispute. 

B. An Employee may request ADR at any time by requesting it through their supervisor. The 

employer will either approve or disapprove the request. If approved, the employer will 

arrange the ADR.

C. Participation in the ADR process is voluntary for both parties, and may be ended at any time 

by any party. 

D. The goal of ADR is to reach a mutually agreeable resolution. Settlement agreements reached 

as a result of the ADR process are binding on both parties and must be consistent with laws, 

rules or regulations and may not violate the terms of this Agreement. The language of a 

settlement agreement that affects conditions of employment of bargaining unit employees 

will be provided to the Local President or designee prior to effecting an agreement. Such 

changes may be subject to bargaining in accordance with the provisions of Article 5. 

Providing this copy to the union will constitute notice under the terms of Article 5. The 

parties will keep the terms of the settlement agreements confidential to the extent permissible 

by law, regulation, policy and agreement. It is understood that the terms may be shared with 

those with a need to know. 
151

E. The parties may have advisor(s) of their choice during the mediation process. The parties to 

the dispute are expected to participate fully in the discussions regarding the dispute and 

potential resolution. 

F. Since the parties are discussing matters that may affect their rights, the parties have the right 

and opportunity to consult with counsel/representatives. 

G. In matters involving a grievable action: 1. For suspensions, demotions, removals, reprimands 

and unsatisfactory performance ratings, the Employee (BUE) may submit a written request 

for ADR within 10 work days from the date of the decision notice or the date the 

performance rating was presented. Selection of ADR suspends the time limit for filing a 

grievance until the ADR process is complete. The ADR process must be completed within 

20 workdays from the date of the request, unless the parties mutually agree to an extension. 

Suspensions, demotions, removals, and unsatisfactory performance ratings will not be 

effected, and letters of reprimand will not be placed in the eOPF until the Employee (BUE)’s 

time limit for requesting ADR has expired. Such actions are held in abeyance during ADR. 

In the event ADR is unsuccessful, the Employee (BUE) may elect to proceed with a formal 

grievance by filing with the Commander/Director/J-Code Director or equivalent in writing 

within 5 work days from the date of conclusion of the ADR process. 2. For other matters 

(not covered in a. above) the Employee (BUE) has 20 days to request ADR or to file a 

grievance. If ADR is requested the time limit for filing a grievance is suspended until the 

ADR process is completed or the request for ADR is denied. The ADR process must be 

completed within 20 workdays, unless the parties mutually agree to an extension. In the 

event the dispute is not resolved through ADR, the Employee (BUE) may submit a formal 

grievance within 5 workdays of the conclusion of the ADR process. 

H. The Employer agrees to use ADR techniques unless it determines ADR is not appropriate. 

When the Commander/Director/J-Code Director or equivalent decides ADR is not 

appropriate, the rationale will be provided in writing. A pattern of consistently avoiding ADR 

is not in keeping with the spirit of this agreement. The Council 169 Executive Board will 

advise the Director of DLA of such situations. Decisions to decline ADR processes, 

procedures, or use are not grievable under any circumstance. 

I. In order for ADR to succeed, the participants must have confidence in the neutrality of the 

mediator/facilitator. In the event either party believes the neutral party is not truly a neutral, 

another mediator/facilitator will be selected. 

J. The parties understand that the mediator shall not decide anything, give legal or other 

professional advice, evaluate the dispute, or promote any particular outcome. The role of the 

mediator is to listen; help the parties clarify their issues, interests and statements; and 

generally facilitate the parties’ discussion.

K. The mediator/s shall not testify on behalf of any party. The parties agree not to subpoena the 

mediator/s or the mediator/s’ records. 
152

L. Everything said and done in ADR is confidential, except as specifically waived in writing. In 

addition, until reduced to writing and signed by all parties, all terms of any offers, options, 

and agreements made in connection with the ADR are considered non-binding proposals and 

are confidential. 

M. Unless the parties specifically agree otherwise in writing, a written agreement reached 

through ADR and signed by all parties shall be confidential. 

SECTION 3. EVALUATION

At the conclusion of the mediation, the parties to the mediation shall be requested (not 

mandatory) to complete an evaluation form. Upon request the union will be provided copies of 

the Mediation Evaluation Forms. The forms will be redacted to protect the confidentiality of the 

ADR process.

SECTION 4. RECORDS

Since confidentiality considerations shall be maintained throughout the ADR process, no written 

records of the ADR proceedings shall be maintained. 
153

ARTICLE 49

WELLNESS/FITNESS PROGRAM

SECTION 1. PURPOSE

A wellness/fitness program enhances the well-being of DLA employees and contributes to a 

healthy and productive workforce. Employees may voluntarily participate in wellness/fitness 

activities during the workday for a maximum of 1 hour per day three times per week. The goal is 

to encourage and motivate employees to develop a healthy lifestyle and enhance the quality of 

work life.

A. The Agency and the Council recognize that employees are responsible for their own health 

and fitness. While all employees are encouraged to adopt healthy lifestyles and actively 

pursue fitness in coordination with their physician’s advice and guidance, participation in any 

Agency-sponsored health promotion or activity is voluntary. 

B. The Agency will publicize the availability of medical programs (such as education programs 

relating to health, diet and nutrition) that may be offered to employees as part of a Wellness 

Program. Participation in such programs is voluntary, is subject to availability of Agency 

funds, and may be done as a part of the Agency sponsored Wellness/Fitness Program. 

C. The Agency and the Council agree that it is in the employees’ best interest to consult with a 

medical professional prior to beginning any physical fitness program and encourage all 

employees to do so. 

SECTION 2. AUTHORIZED TIME FOR WELLNESS/FITNESS ACTIVITIES

A. Employees may be granted a maximum of 1 hour per day three times per week of 

administrative leave during duty time for wellness/fitness activities. Part-time employees will 

be authorized a pro-rated amount of time based on the average number of hours worked 

during a pay period. Only one block of time per day is authorized under this program. Fitness 

activities suitable for administrative leave should address cardiovascular/aerobic endurance, 

muscular strength, flexibility and body conditioning. Wellness activities include, but are not 

limited to, onsite or agency-sponsored classes on health education, weight management, 

stress management, tobacco cessation and on-site health screenings.

B. Any unused periods of time cannot be banked and carried over to the next week. The three 

hours per week includes time for changing clothes, showering and traveling to/from the 

exercise location.

C. Wellness/fitness activities may be used in conjunction with the regularly scheduled lunch 

period or before or at the end of the day. Employees are responsible for keeping their 

supervisors advised of when and where they are participating in wellness/fitness activities.

D. Any periods of time over the 3-hour limit will be charged as annual leave, credit hours or 

compensatory time and is subject to supervisory/manager approval and leave and absence 
154

regulations. 

E. On site facilities, such as the facility/base gym, on base running/walking tracks should be 

used if available. However, alternate arrangements may be approved for those employees not 

co-located with on-site facilities. Alternate arrangements are subject to negotiations between 

the parties at the local level and are authorized to be included in Local Agreements. 

Memberships to commercial fitness facilities are the responsibility of the individual 

employee and will not be paid by the Agency. 

F. For production-oriented operations requiring minimum staffing levels for mission 

accomplishment, scheduling arrangements may be subject to negotiations between the parties 

at the local level and are authorized to be included in Local Agreements. 

G. Supervisors/managers may cancel an employee’s wellness/fitness administrative leave for

wellness/fitness based on mission requirements (supervisors will describe the specific 

mission reason for cancelling the wellness/fitness leave). Supervisors should try, whenever 

possible, to allow employees to reschedule the exercise time period (up to 1 hour per day, 3 

days per week) for another time or day in the week. 

H. Administrative Leave for wellness/fitness may not be granted during times of mandatory 

overtime.

SECTION 3. PROCEDURES

A. Prior to beginning a physical fitness program employees must self-certify to the best of their

knowledge that they have no medical conditions or limitations that would put them at risk of 

injury or harm to their health while participating in the fitness program. 

B. Employees must submit the required form (to be agreed to with the Council) for requesting 

approval of administrative leave for wellness/fitness for physical fitness activities to their 

first level supervisor with a copy of their self-certification. This request must include the 

employee’s projected times, location and nature of the fitness activities.

C. The supervisor/manager will approve/disapprove the request based on mission requirements. 

Supervisors/managers are encouraged to approve requests to the fullest extent possible. 

SECTION 4. ADDITIONAL CONDITIONS

A. Employees scheduled for Temporary Duty (TDY) or training must suspend their wellness 

leave arrangements during applicable days/weeks. 

B. Participating employee’s performance must be at the fully successful level.

C. Employees must not have a current leave restriction letter or written reprimand. 

D. Employees who receive a suspension or demotion for misconduct or poor performance will 
155

be restricted from participation for a 15 month period from the effective date of the action. 

E. Employees on light duty are not eligible to participate in fitness activities until cleared for 

full duty. 

F. New employees are not eligible for the program during the first 90 days of employment with 

the agency.

G. Employees or positions covered by an existing duty time-for-fitness provision (i.e., 

emergency essential employees, police officers and firefighters), are not entitled to additional 

administrative leave for fitness participation.

H. If there are more employees requesting a specific time and date for wellness/fitness 

participation that can be allowed, the employees will attempt to resolve the conflict. If the 

employees cannot resolve the conflict, the highest service computation date (SCD) will 

prevail.

I. Employees must maintain appropriate accountability of time and attendance while engaging 

in wellness/fitness activities and will report any administrative leave used for this purpose by 

entering “LN” in the EAGLE system, with the appropriate reason code, for the dates and 

times they participate in the program. 

J. An employee’s participation in this program can be suspended at any time if abuse is 

suspected by the appropriate management representative.

SECTION 5. ADDITIONAL INFORMATION

Upon expiration of the Master Labor Agreement, the parties agree to evaluate this article, 

including impact to mission and productivity, and make changes or modifications as appropriate.
156

ARTICLE 50

DURATION AND AMENDMENTS

SECTION 1. GENERAL

A. This Agreement will remain in effect for a period of six (6) years from its effective date and 

will be automatically renewed for an additional period of one (1) year unless either party 

gives notice of a desire to renegotiate portions of or the entire Agreement. Either party may 

give written notice of the intent to renegotiate this Agreement not more than 90 calendar days 

or less than 60 calendar days prior to the Agreement expiration date. The written notice will 

identify the article(s) to be negotiated and will be acknowledged by the other party within 20 

calendar days of the date of the written notice. 

B. If no written notice to amend, modify, or renegotiate the Agreement is submitted by either 

party within the time period stated in Section 1.A above, then the mandatory provisions of 

this Agreement will automatically renew for a period of one (1) year, subject to agency head 

review. All local collective bargaining agreements, memoranda of agreement (MOAs), and 

memoranda of understanding (MOUs) will expire on the date this Agreement goes into 

effect. 

C. Upon receipt of a written notice to amend, modify, or renegotiate this Agreement, both 

parties to this Agreement will begin negotiating ground rules for negotiations within 60 

calendar days of the date of the written notice. If negotiations are not completed by the 

anniversary date of this Agreement, then the mandatory provisions of this Agreement will be 

automatically extended until a new agreement is negotiated. 

SECTION 2. 

This Agreement may only be amended, modified, or renegotiated in accordance with the 

provisions of this Article. This Agreement is effective and binding on the parties upon approval 

by the agency head, or on the 31st day after its execution if the agency head has neither approved 

nor disapproved the Agreement. Execution of the Agreement means that the parties to the 

Agreement have signed and dated the same, as evidenced on the Agreement signature page. For 

purposes of agency head review, the date the last party signs and dates the signature page will 

constitute the Agreement’s execution date. 

SECTION 3. 

If, after the effective date of this Agreement, any practice develops which is inconsistent with 

this Agreement, then either party may require the other to conform to the Agreement terms by 

providing notice of its intention to enforce this Agreement immediately. Thereafter, both parties 

will comply with the terms of this Agreement. 
APPENDIX A

OFFICIAL TIME FORM 

NAME OF UNION OFFICIAL: ________________________ 

TIME AND DATE FOR WHICH OFFICIAL TIME IS REQUESTED: ___________________ 

Use of EAGLE REASON CODES is mandatory when submitting time and attendance

___Negotiations over the impact and/or implementation of changes in conditions of employment 

of bargaining unit employees which occur during the term of this Agreement. 

[EAGLE Reason Code: BB (Representational, Mid-Term Negotiations)] 

___Investigation, preparation, filing and processing grievances in accordance with the 

Negotiated Grievance Procedure. [EAGLE Reason Code: BK (Representational, Grievance and 

Appeals)]

___Attendance at management-initiated meetings, not otherwise described in this Agreement,

when invited. [EAGLE Reason Code: BD (Representational, Labor/Management)]

___Participation on committees or panels as authorized by this Agreement. [EAGLE 

Reason Code: BD (Representational, Labor/Management)]

___Preparation for and participation in proceedings before the Federal Labor Relations 

Authority (FLRA) in accordance with FLRA's rules and regulations, and other third party 

hearings. [EAGLE Reason Code: BA (Representational, Term Negotiations), BB 

(Representational, Mid-Term Negotiations) or BK (Representational, Grievance and Appeals)]

___Participation in formal discussions. [EAGLE Reason Code: BD (Representational, 

Labor/Management)]

___Assisting an employee, when designated as their representative, in preparing a 

response to a proposed disciplinary or adverse action. [EAGLE Reason Code: 

BK(Representational, Grievance and Appeals )]

___Other (State Reason): __________________________________________________

REQUESTOR’S SIGNATURE AND DATE: ________________________________ 

SUPERVISOR’S ACTION (SIGNATURE AND DATE): 

Approve: ___________________________ Disapprove:________________________* 

* If disapproved due to workload reasons, indicate time and date when approval can be granted:

_______________________

Time Representative Departed:__________ Time Representative Returned: __________ 

Copy to:

CSO-C/CSO-N and Council Local
APPENDIX B

OFFICIAL TIME REPORT FOR UNION OFFICIALS

This form is solely for the purpose of accurately reporting the use of official time by union officials who have block 

grants of official time to conduct labor relations business during their duty time. At the conclusion of the pay period, 

this form is to be provided to the supervisor, who will forward it to the servicing Customer Support Office (New 

Cumberland or Columbus). Exceptions to the due date may be made in extenuating circumstances. If mutually 

agreed at the local level, the form may be submitted to the timekeeper instead of the supervisor. Upon mutual 

agreement of the Employer and AFGE Council 169, this form may be automated.

Name _____________________________ Pay Period Ending ________________ 

Week 1 Code BA Code BB Code BD Code BK Daily Total

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Weekly 

Total

Week 2 Code BA Code BB Code BD Code BK Daily Total

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Weekly 

Total

CODE BA: Representational Time. (Term Negotiations) Collective Bargaining Agreement Negotiations. 

CODE BB: Representational Time (Mid-Term Negotiations). Negotiations over the impact and/or implementation of changes in 

conditions of employment of bargaining unit employees which occur during the term of this Agreement. 

CODE BD: Labor/Management (1). Participation in Formal Discussions, (2) Attendance at management-initiated meetings, not 

otherwise described in this Agreement, when invited, (3) Participation on committees or panels as authorized by this Agreement, 

(4) Includes other official time authorized by this MLA but not specifically listed in this or the other categories.

CODE BK: Negotiated Grievance Procedure. (1) Investigation, preparation, filing and processing grievances in accordance with 

the Negotiated Grievance Procedure, (2) Assisting an employee, when designated as their representative, in preparing a 

response to a proposed disciplinary or adverse action, (3) Preparation for and participation in proceedings before the Federal 

Labor Relations Authority (FLRA) in accordance with FLRA rules and regulations, and other third party hearings.
APPENDIX C
APPENDIX C
APPENDIX D
APPENDIX D
APPENDIX D
APPENDIX D
APPENDIX E
SELF-CERTIFICATION HOME SAFETY CHECKLIST

F (DLA)

1. Employee Name

2. Organization

3. Home Work Site Telephone

4. Home Work Site Address

5. Describe the designated work area, e.g., bedroom, den, living room, etc.

The following checklist is designed to asses the overall safety of the alternative work site. Each participant

should read and complete the Self-Certification Home Safety Checklist. A copy of this checklist should be attached to

the Telework Agreement.

ITEM YES NO

1. Are temperature, noise, ventilation, and lighting levels adequate to maintain your normal level of

job performance?

2. Is all electrical equipment free of recognized hazards that would cause physical harm (frayed

wires, bare conductors, loose wires, flexible wires running through walls, exposed wires fixed to the

ceiling)?

3. Will the building's electrical system permit the grounding of electrical equipment?

4. Are aisles, doorways, and corners free of obstructions to permit visibility and movement?

5. Are file cabinets and storage closets arranged so drawers and doors do not open into walkways?

6. Are the phone lines, electrical cords, and extension wires secured under a desk or alongside a

baseboard?

EMPLOYEE'S SIGNATURE DATE 

- this space intentionally left blank -

APPENDIX F
EXECUTION OF AGREEMENT 

The Defense Logistics Agency and the American Federation of Government Employees 

Council 169 hereby executed this Master Labor Agreement.

For The Union: 

Terry Day 

Randolph Elliott Jr. 

Dianne Wilson 

Kristen Roberts 

Ruth Griggs 

Reco Boyd 

Quinton Montague, Jr. 

Damiana Maggio 

Monique Samuels 

For The Employer: 

Shar\n Saunders 

Darryl Roberts 

APPROVED BY THE DEPARTMENT OF 

DEFENSE AND EFFECTIVE ON 

SEPTEMBER 9, 2022. 

All articles were decided and ordered by the 

Federal Service Impasses Panel (FSIP). 

• No. 20 FSIP 041 (9/21/2020)

14 articles

• No. 21 FSIP 040 (4/24/2022)

10 articles

• No. 22 FSIP 038 (8/3/2022)

29 articles

Digitally signed by: DAY.TERRY.ALLEN.1122668084

DN: CN = DAY.TERRY.ALLEN.1122668084 C = US 

O = U.S. Government OU = DoD, PKI, DLA

Date: 2022.10.20 08:30:46 -05'00'

DAY.TERRY.ALLEN.

1122668084

ELLIOTT.RANDOLP

H.A.JR.1278879980

Digitally signed by 

ELLIOTT.RANDOLPH.A.JR.12788

79980

Date: 2022.10.21 09:08:33 -04'00'

WILSON.DIANNE.1

288975830

Digitally signed by 

WILSON.DIANNE.1288975830

Date: 2022.10.21 10:42:13 -04'00'

ROBERTS.KRISTEN

.DIANE.1241884054

Digitally signed by 

ROBERTS.KRISTEN.DIANE.1241884

054

Date: 2022.10.21 08:15:19 -07'00'

GRIGGS.RUTH.A.1

383944100

Digitally signed by 

GRIGGS.RUTH.A.1383944100

Date: 2022.10.21 11:48:36 -04'00'

BOYD.RECO.LAV

ELLE.1297722944

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BOYD.RECO.LAVELLE.1297722944

Date: 2022.10.21 11:04:03 -05'00'

MONTAGUE.QUINTO

N.L.JR.1049694683

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MONTAGUE.QUINTON.L.JR.104969

4683

Date: 2022.10.21 12:08:11 -04'00'

MAGGIO.DAMIAN

A.L.1231826340

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MAGGIO.DAMIANA.L.1231826340

Date: 2022.10.24 10:51:48 -07'00'

SAMUELS.MONIQ

UE.G.1229868493

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SAMUELS.MONIQUE.G.1229868493

Date: 2022.10.21 12:11:11 -04'00'

SAUNDERS.SHAR

YN.J.1022640735

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SAUNDERS.SHARYN.J.1022640735

Date: 2022.10.27 16:38:55 -04'00'

ROBERTS.DARRY

L.E.1230698801

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ROBERTS.DARRYL.E.1230698801

Date: 2022.10.24 13:46:06 -05'00'